Rubi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3590 of 2024 Arising Out of PS. Case No.-39 Year-2022 Thana- MAHILA PS District- Jehanabad ====================================================== Rubi Devi W/o Satyendra Sharma R/o vill - Uber, P.S. - Ghosi, Distt. - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the Opposite Party/s :
Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-02-2024 Heard Mr. Pramod Kumar, learned counsel for the petitioner and Mrs. Asha Kumari, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection with Jehanabad Mahila P.S. Case No. 39 of 2022, F.I.R. dated 07.11.2022 for the offences punishable under Sections 498-A, 354, 376, 504, 506 and 34 of the Indian Penal Code.
3. According to prosecution case, the informant was physically exploited by one Kunal and she was forced to marry with him by other co-accused persons.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case merely on the ground that she is
Patna High Court CR. MISC. No.3590 of 2024(2) dt.07-02-2024 2/3 mother in law of the victim. He further submits that the husband of the informant already died in the year 2021 itself and thereafter the present FIR instituted only to harass the petitioner.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned C.J.M., Jehanabad in connection with Jehanabad Mahila P.S. Case No. 39 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.3590 of 2024(2) dt.07-02-2024 3/3 for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) ajay/- U T