Usha Devi @ Usha Kuar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63203 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- PHULWARIYA District- Gopalganj ====================================================== USHA DEVI @ USHA KUAR, aged about 45 years, Female, W/o Late Chandrika Singh R/o village- Songarhwa, Bairagi Tola, P.S.- Fulwaria (Shripur O.P.), District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Binod Kumar (App), APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Fulwaria P.S. Case No. 128 of 2019, registered under Sections 365, 366 and 120B of the Indian Penal Code.

The accusation is that sister of the informant, aged about 20 years, was found absent at house since night of 08.08.2019. In course of search, informant came to know that his sister use to visit the house of the petitioner. Before ten days, his sister had mobile phone. On query, she did not give reply. In searching the date of the mobile, two numbers were found, one was of the petitioner and the other was of Rakesh. Submission is that the petitioner, who is lady and

Patna High Court CR. MISC. No.63203 of 2019(3) dt.22-01-2020 2/2 neighbour, has falsely been implicated in this case. The sister of the informant is major and she had left her parental house on her own sweet will, but she has been recovered by the police, then, on the suspicion of the informant, she disclosed the name of the petitioner under Section 164 of the Criminal Procedure Code that this petitioner accompanied her in managing to move with one Rakesh. Further, submission is that the petitioner is a lady and has no criminal antecedent and is in custody since 07.08.2019. The police, on investigation, has already submitted the charge sheet.

Having regard to 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 in connection with Fulwaria P.S. Case No. 128 of 2019 to the satisfaction of the Additional Chief Judicial Magistrate, XIII, Gopalganj. (Rajendra Kumar Mishra, J) Shamshad/- U T