Sukhni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72344 of 2019 Arising Out of PS. Case No.-167 Year-2019 Thana- BHAGALPUR RAIL P.S. DistrictBhagalpur ====================================================== SUKHNI DEVI Wife of Late Raina Mahaldar @ Rajesh Mahaldar Resident of Village - Naya Tola, Bholsar, P.S.- Rasalpur, Distt - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiwesh Chandra Mishra For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bhagalpur G.R.P.S. Case No. 167 of 2019, registered for the offence punishable under Section 414 of the Indian Penal Code.

The allegation is regarding the police having apprehended the petitioner at the railway platform no. 1 of Sultanganj railway station and upon search, 11 mobile phones and some money were recovered from the bag of the petitioner. The learned counsel for the petitioner has submitted that the present case has been lodged in a mala fide manner by the police after the petitioner had filed a complaint against the

Patna High Court CR. MISC. No.72344 of 2019(2) dt.10-01-2020 2/2 police of having extorted money from her and the said Complaint Case No. 1987 of 2019 is stated to be pending before the learned CJM, Bhagalpur. It is further submitted that though the petitioner is accused in some other cases, but she is on bail in the said cases. Lastly, it is submitted that the petitioner is languishing in custody since 30.7.2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner being a female is languishing in custody since 30.7.2019, coupled with the nature of offence, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Bhagalpur in connection with Bhagalpur G.R.P.S. Case No. 167 of 2019.

(Mohit Kumar Shah, J) ajay gupta/- U T