Sita Devi v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2815 of 2017 (2) dt.13-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2815 of 2017 Arising Out of PS.Case No. -208 Year- 2016 Thana -SURSAND District- SITAMARHI ======================================================

1. Sita Devi, Wife of Tej Narayan Rai, Resident of Village- Bakhari, P.S.- Sursand, District- Sitamarhi.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Pushpendra Kumar Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 The appellant seeks regular bail in connection with Sursand P.S. Case No. 208 of 2016, registered for offences punishable under Sections 363 and 366(A) of the Indian Penal Code, and Section 3(2)(V)(a) of SC/ST (POA) Act. Allegation against the appellant that she in connivance with other accused persons kidnapped the minor daughter of the informant.

It has been submitted on behalf of the appellant that the girl has been recovered and she has not supported the prosecution story in her statement recorded under Section 164 Cr.P.C. and has stated that she has gone on her own sweet will. Further the girl in her medical examination was found to be major and appellant has been in judicial custody for last more than a month. Heard learned special P.P. also.

Having heard both sides, in view of the facts as stated above, this appeal is allowed and impugned order is set aside. Let

Patna High Court CR. APP (SJ) No.2815 of 2017 (2) dt.13-10-2017 the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J -1st - Cum - Special Judge, SC/ST Act, Sitamarhi, in connection with Sursand P.S. Case No. 208 of 2016, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate in the disposal of trial and make herself available as and when required by the court and on the event of failure on her part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of her bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T