Punam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39764 of 2016 Arising Out of PS.Case No. -343 Year- 2015 Thana -PATNA GRP CASE District- PATNA ====================================================== Punam Devi daughter of Ram Paswan wife of Binay Paswan, resident of village- Bharub, P.S.- Obra, District -Aurangabad or (Address of Sasural) village- 21- Kolhar, Police Station- Fatuha, District -Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha No.-2, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection Sessions Trial No.584 of 2016 arising out of Patna Sahab G.R.P. Case No.343 of 2015 registered under Sections 186, 201, 353, 506 and 120 of the Indian Penal Code, Section 66-A(a)(b)(c), Section 150(e) of the Indian Railways Act and Section 3(2)(e) of the Prevention of Damage to Public Property Act, 1984.

It is submitted that from possession of the petitioner the police have recovered one old mobile of Zen Company which was not used in the alleged offence. The alleged mobile through which the offending message was sent was neither being used by the petitioner nor was seized from her possession. The petitioner

Patna High Court Cr.Misc. No.39764 of 2016 (2) dt.19-09-2016 2/2 being a lady has got no connection with any criminal activity. She is in custody since 31st October, 2015. However, it has fairly been stated that her husband has got criminal antecedent and, it was he, who was in possession of the mobile in question at the relevant time of offence. It is also submitted that one of the co-accused Bijay Kumar has already been granted bail by a Bench of this Court vide order dated 4th July, 2016 passed in Cr. Misc. No.22066 of 2016.

Learned counsel for the State has opposed the application for grant of bail to the petitioner. Regard being had to the nature of allegation, the submissions made by the learned counsel appearing on behalf of the petitioner and the period already undergone in custody, the petitioner, Punam Devi, who is said to be in jail with her minor child, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-X, Patna in connection with Sessions Trial No.584 of 2016 arising out of Patna Sahab G.R.P.Case No.343 of 2015. (Ashwani Kumar Singh, J) Md.S./- U T