Baby Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.52046 of 2017 (2) dt.28-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52046 of 2017 Arising Out of PS.Case No. -8 Year- 2015 Thana -DELHA District- GAYA ====================================================== Baby Devi W/o Manoj Thathera @ Manoj Sao, R/o Mohalla- Chotki Nawada, Cotton Mill, Near Kali Mandir, P.S.- Delha, District- Gaya, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Manish Kumar No-2, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

2. This is the third attempt on behalf of the petitioner, who is in custody since 18.08.2016 and has renewed her prayer for bail in connection with Sessions Trial No. 77 of 2017 (S.J.)/19 of 2017 arising out of Delha P.S. Case No. 08 of 2015 (G.R. No. 124 of 2015) having twice been rejected by this Court by orders dated 16.12.2016 and 05.07.2017 in Cr. Misc. No. 52546 of 2016 and Cr. Misc. No. 27557 of 2017, respectively.

3. It is submitted that the petitioner has been falsely implicated on the allegation that along with co-accused Anju Devi she had influenced the victim girl. In a subsequent development, the said co-accused Anju Devi has been granted bail by this Court in Cr. Misc. No. 35390 of 2017 (Annexure-3).

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody already suffered since 18.08.2016, let the petitioner above named be released on bail on furnishing bail bond

Patna High Court Cr.Misc. No.52046 of 2017 (2) dt.28-02-2018 of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District & Sessions Judge-1st ,Gaya, in connection with Sessions Trial No. 77 of 2017 (S.J.)/19 of 2017 arising out of Delha P.S. Case No. 08 of 2015 (G.R. No. 124 of 2015), 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 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/- U T