Sheela Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61351 of 2022 Arising Out of PS. Case No.-118 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== Sheela Devi Wife of Upendra Sah Resident of Village- Gaurichatti, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code .

The prosecution case, in short, is that the accused persons including the petitioner are alleged to have kidnapped the wife of the informant and his son.

Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in the present case. He further submits that in fact the petitioner is maternal aunt of the victim and it appears from the F.I.R. that the petitioner has been falsely implicated in the present case. He further submits that the alleged date of occurrence is

Patna High Court CR. MISC. No.61351 of 2022(3) dt.25-02-2023 2/3 14.03.2022 but the present F.I.R. was instituted on 04.05.2022 after delay of about 50 days without giving explanation of delay. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 28.06.2022.

Learned APP for the State, on the other hand, on the basis of the material available on record as well as in the case diary fairly submits that the victim girl was recovered and her statement under Section 164 of the Cr. P.C. was recorded in which she has categorically stated that she was fed up with the husband and his family members and she had gone to Delhi on her own will and no one had abducted her.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bajpatti P.S. Case No. 118 of 2022, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.61351 of 2022(3) dt.25-02-2023 3/3 on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T