Sapana Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35753 of 2017 Arising Out of PS.Case No. -70 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ====================================================== Sapana Devi W/o Sri Rupesh Kumar, R/o Village- Kaithma, P.S.- Muffasil, District- Begusarai.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ghanshyam Choudhary, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 29.05.2017 in connection with Hasanpur P.S. Case No. 70 of 2017 for the offences alleged under Sections 399, 402, 414 of the Indian Penal Code and Sections 27 and 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and the arms are said to have been recovered variously from co-accused persons and from the Bolero vehicle but not from the conscious possessions of the petitioner. Petitioner is a lady with clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.35753 of 2017 (3) dt.19-09-2017 (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Rosara, Samastipur, in connection with Hasanpur P.S. Case No. 70 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner will be well represented in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/Chandran U T