Priyanka Devi @ Jyoti @ Lalo Devi v. The State Of Bihar
Patna High Court Cr.Misc. No.37335 of 2018 (2) dt.25-07-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37335 of 2018 Arising Out of PS.Case No. -185 Year- 2016 Thana -JAKKANPUR District- PATNA ====================================================== Priyanka Devi @ Jyoti @ Lalo Devi, Wife of Arvind Sao, Resident of Village- Murarpur, Police Station- Biharsharif, District- Nalanda and according to F.I.R. petitioner is resident of Village- Jodalichak, Police Station- Masaurhi, District- Patna.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Tej Narayan Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.
2. This is the third attempt on behalf of the petitioner being a lady, who is in custody since 04.08.2016 and has renewed her prayer for bail in connection with Jakkanpur P.S. Case No. 185 of 2016 and Special POCSO Case No. 105 of 2016 for the offence alleged under Sections 376, 342, 313 and 34 of the Indian Penal Code, Sections 3, 4, 5 and 6 of the Immoral Traffic Act and under Sections 4 and 8 of the POCSO Act having twice been rejected by orders dated 22.10.2016 and 05.07.2017 in Criminal Miscellaneous No. 41294 of 2016 and Criminal Miscellaneous No. 20227 of 2017, respectively.
3. Learned counsel for the petitioner states that in a subsequent development, charges have now been framed against the petitioner by order dated 22.02.2018. The petitioner has already suffered almost two years in custody since 04.08.2016.
Patna High Court Cr.Misc. No.37335 of 2018 (2) dt.25-07-2018
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge 1stCum-Special Judge (POCSO), Patna, in connection with Special Case No. 105 of 2016 arising out of Jakkanpur P.S. Case No. 185 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Md. Ibrarul/BT U T