Rani Devi @ Runa Devi @ Rajo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64957 of 2022 Arising Out of PS. Case No.-278 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== RANI DEVI @ RUNA DEVI @ RAJO DEVI W/O LATE AKALDEO PASWAN @ LATE SAKALDEV PASWAN Resident of village- Ward No10, Alapur Dhankaul, P.S.- Teghra, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Randhir Kumar No.1, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.
The present petition is by way of third attempt at the behest of the petitioner for grant of bail in connection with Teghra PS case no. 278 of 2019, registered under Section 366(A) of the Indian Penal Code, inasmuch as the first bail petition, filed by the petitioner, was rejected by this Court vide order dated 24.09.2020, passed in Cr. Misc. no. 24555 of 2020 and the second petition filed by the petitioner for grant of bail was disposed off as not pressed, however, with liberty to the petitioner to approach this Court for renewal of his prayer for bail after one year of passing of the order in the said bail petition bearing Cr. Misc. no. 50910 of 2021 on 15.09.2021, in
Patna High Court CR. MISC. No.64957 of 2022(3) dt.11-01-2023 2/3 case, the on-going trial is not concluded.
The allegation is regarding the daughter of the informant having become traceless in the morning, whereupon search was made and then, it transpired that the neighbour of the informant namely Sonu Kumar along with his mother namely Rani Devi had induced the daughter of the informant and had carried her on a Bolero vehicle. Subsequently, the petitioner is stated to have sold the victim girl to a co-accused person namely Santosh Kumar, who had committed rape with the victim girl. The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 26.11.2019 but not a single witness has yet been examined.
I have heard the learned counsel for the parties and perused the materials available on record as also the report dated 11.01.2023, furnished by the Additional District & Sessions Judge-I-cum-Special Judge, N.D.P.S. Act, from which, it is apparent that not a single witness has been examined till date, on account of non-appearance of the un-official prosecution witnesses, despite issuance of bailable warrant of arrest. Under these circumstances, this Court finds that there is remote possibility of completion of trial in the near future and the petitioner has been languishing in custody since more
Patna High Court CR. MISC. No.64957 of 2022(3) dt.11-01-2023 3/3 than 03 years, thus, I deem it fit and appropriate to grant the privilege of bail to the petitioner.
Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Begusarai in connection with Teghra PS case no. 278 of 2019.
(Mohit Kumar Shah, J) rinkee/- U T