Jharkhand High Court
Bhuneshwari Devi Alias Ganeshwari Devi vs The State Of Jharkhand on 15 September, 2017
1. IN THE HIGH COURT OF JHARKHAND, RANCHI B.A. No. 4349 of 2017 Bhuneshwari Devi @ Ganeshwari Devi, W/o Ramesh Lohra, Resident of Village:Larango, P.O.&P.S.Sisai, Dist.Gumla .... Petitioner Versus The State of Jharkhand .... Opposite Party CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR For the Petitioner : Mrs. Vani Kumari, Advocate For the State : Mr.Ram Prakash Singh, APP 4/ 15.09.2017 Counteraffidavit taken on record.
Heard the learned counsels appearing for the parties and perused the documents on record.
The petitioner has been made accused in AHTU Gurdari Gumla P.S.Case No.24/2016 corresponding to G.R.No.383/2016 [S.T.No.352/2016] registered under sections 363/ 365/ 367/ 368/ 370/ 371 IPC, sections 23/26 of J.J. Act, sections 16/18 Bonded Labour Prohibition Act and under sections 25/26 of InterState Migrant Workmen (Regulation of Employment and Condition of Service) Act.
Contending that in S.T. No.237/2016 when the victim girl was examined she was declared hostile by the prosecution, the learned counsel for the petitioner submits that order dated 27.04.2017 in S.T. Case No.352/2016 by which prayer for bail on behalf of the petitioner was rejected would disclose that on an incorrect assumption of fact, that the victim girls have not been recovered from the possession of the petitioner, the bail application was rejected. On the allegation that the petitioner sold the victim girls, the learned counsel for the petitioner submits that on admitted facts, it would appear that the victim girls on their own accompanied the petitioner. The petitioner is in judicial custody since 26.08.2016 along with her two children.
The learned APP has opposed the prayer for grant of bail. Having regard to the facts and circumstances of the case, the petitioner, namely, Bhuneshwari Devi @ Ganeshwari Devi, is 2. directed to be released 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 learned District and Additional Sessions JudgeI, Gumla in connection with AHTU Gurdari Gumla P.S.Case No.24/2016 corresponding to G.R.No.383/2016 [S.T.No.352/2016].
This application is allowed. Let a copy of this order be sent to the trial court through FAX.
(Shree Chandrashekhar, J.) SI/ ,