Rina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61395 of 2017 Arising Out of PS.Case No. -88 Year- 2016 Thana -SAMASTIPUR District- SAMASTIPUR ====================================================== Rina Devi W/o Late Lalo Paswan, R/o Village- Bichla Tola, Dalsingsarai, District- Samastipur, at present - D/o Late Nandu Paswan @ Late Nandlal Paswan, resident of Magardahi Ghat (Behind Electricity Officer), P.S.- Samastipur, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lakshmindra Kumar Yadav For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner.

This is an application for bail in connection with Samastipur Town P.S. Case No. 88 of 2016 registered for the offences punishable under Sections 363, 365 and 366A/34 of the Indian Penal Code.

Petitioner being a lady is named in the FIR and there is allegation her is that she along with other co-accused persons had kidnapped her and there is specific allegation in her statement under Section 164 Cr.P.C. that petitioner dragged her in the vehicle.

Submission of learned counsel for the petitioner is that though there is specific allegation that petitioner dragged the

Patna High Court Cr.Misc. No.61395 of 2017 (3) dt.11-01-2018 2/2 victim in her statement under Section 164 Cr.P.C. but there is no allegation against her that she was subjected to sexual harassed and petitioner is a lady and is in custody since 27.9.2017. Heard learned APP also.

Having heard both sides and in the fact that petitioner is a lady and there is no allegation of sexually harassing her by the petitioner, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, in connection with Samastipur Town P.S.Case No. 88 of 2016, subject to the conditions that (1) one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and (2) petitioner will co-operate in trial and appear in court as and when required, except on genuine ground, failing which her bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U