Kunti Devi @ Sunaina Devi @ Sulena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3043 of 2025 Arising Out of PS. Case No.-519 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Seeta Devi @ Ruby Devi S/o Ajit Sah Resident of Village- Bhagwanpur, P.S.- Lakho, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 519 of 2024 registered for the offences under Sections 140(3), 143(4) and 3(5) of B.N.S.

3. As per the FIR, while the informant was on her round duty, she saw that the baby boy of victim Nandani was not on the bed. Upon inquiry made by her, she was told by the on-duty sister that the guard, Jyoti Mishra took the infant to her mother for feeding. It is further alleged that after some time she received information that the said infant was missing. Thereafter, on perusal of the CCTV footage, it appeared that the guard, Jyoti Mishra (petitioner) had handed over the infant to one lady. Thereafter, information was given to the Town Police

Patna High Court CR. MISC. No.3043 of 2025(4) dt.02-05-2025 2/3 Station and the said infant was recovered.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the instant case due to ill motive of the informant. The petitioner is not named in the FIR. There is no independent witness of the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner or from the alleged place of occurrence. It is further submitted that during investigation no material has come to connect the petitioner with the alleged occurrence. The FIR has been lodged after recovery of infant and to save the real culprit petitioner has been made accused. It is lastly submitted that the petitioner has clean antecedents and she has been in custody since 16.09.2024.

5. The learned Additional Public Prosecutor for the State has opposed the prayer for bail.

6. Taking into account the fact that the petitioner who is a lady is in custody since 16.09.2024 having no criminal antecedents, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection Begusarai Town P.S. Case No. 519 of 2024 subject to the

Patna High Court CR. MISC. No.3043 of 2025(4) dt.02-05-2025 3/3 conditions that a. One of the bailors of the petitioner shall be her close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(Sourendra Pandey, J) Prakash/- U