Savitri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49405 of 2015 Arising Out of PS.Case No. -33 Year- 2015 Thana -NATH NAGAR District- BHAGALPUR ======================================================

1. Savitri Devi Wife of Anil Yadav, Resident of Village - Gosaidaspur, P.S. - Nath Nagar, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ============================================================= Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-12-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Nath Nagar P.S. Case No. 33 of 2015 registered for the offences punishable under Sections 406, 420, 120(b)/34 of the Indian Penal Code.

Allegedly some male and female used to come in the village and on the ground to provide cheque of Rs. 5,00,000/- started receiving cash amount and ornaments from the villagers and did not give any receipt or cheque and in that process the petitioner was caught with mobile.

Submission is of false implication due to misidentification. Petitioner is aged about 50 years and there is no direct allegation against her, no cash or ornament has been recovered from her possession and she, having no criminal antecedent, suffering in custody since 20.02.2015, chargesheet has

Patna High Court Cr.Misc. No.49405 of 2015 (2) dt.10-12-2015 2/2 already been submitted and there is no chance of tampering with prosecution evidence.

The learned A.P.P. opposes the prayer of bail but fairly submits that nothing has been recovered from possession of the petitioner.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and the petitioner is a lady, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M., Bhagalpur arising out of Nath Nagar P.S. Case No. 33 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on her part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U