Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11646 of 2017 Arising Out of PS.Case No. -38 Year- 2016 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mamta Devi Wife of Bipin Sahani, Resident of Village - Tarkulwa P.S. Chautarwa, District West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ramchandra Sahni, Advocate For the Opposite Party/s : Mr. Binod Kumar 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 363, 364(A, 302, 201 and 120(B)/34 of the I.P.C.

The prosecution story, in brief, is that on 6.2.2016 the informant's son Golu Kumar @ Ankit Kumar had gone to Nawalpur Bazar. When he did not return till 5 P.M., the informant's wife informed the informant on phone and thereafter he along with his family members started searching him in Bazar and village but his whereabouts could not be traced out. The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application. This is second attempt for grant of regular bail.

Patna High Court Cr.Misc. No.11646 of 2017 (3) dt.26-04-2017 2/2 A report was called for from the trial court regarding the stage of the trial. It is reported that charge has not been framed as yet.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.02.2016. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the confessional statement of the co-accused. Other co-accused have been granted bail vide Annexure-3 series to the present application.

On behalf of the State, it is submitted that the petitioner is being suspected to be a member of gang, which is involved in abduction and ransom.

Considering the aforesaid facts and circumstances of the case and as the other co-accused have been granted bail, it is directed that the petitioner above named 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 Chief Judicial Magistrate, West Champaran (Bettiah) in connection with Jogapatti (Nawalpur) P.S. case No.38 of 2016. Narendra/- (Sudhir Singh, J) U T