Nilam Kumari @ Nilam Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57266 of 2018 Arising Out of PS.Case No. -136 Year- 2016 Thana -RAJEPUR District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Nilam Kumari @ Nilam Devi, D/o Kailash Paswan,

2. Munchun Devi, W/o Kailash Paswan, Both R/o Vill- Kushahar Kaswa Tola, P.S.- Tariyani, Dist- Sheohar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhannjay Kumar No 2, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-10-2018 Heard learned counsel for petitioners and learned A.P.P. for the State.

Petitioners seek bail in Rajepur P.S. Case No. 136/2016, registered for the offences punishable under Sections 341, 342, 323, 324, 307, 364(A) and 120(B) of the Indian Penal Code. Allegation is kidnapping of the son of Informant. It has been submitted that Kailash Paswan has been made accused in this case. Petitioners are daughter and wife of Kailash Paswan that is why they have been falsely implicated in this case. There is no incriminating material against the petitioners.

Petitioners have no criminal antecedent. They are in custody since 30.06.2018 and 02.07.2018 respectively.

Patna High Court Cr.Misc. No.57266 of 2018 (3) dt.08-10-2018 2/2 Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Motihari Sadar, East Champaran in connection with Rajepur P.S. Case No. 136/2016, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.

(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Vinita/- U T