IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26887 of 2008 KUSUM DEVI Versus STATE OF BIHAR ----------- 3 25.09.2008 Heard learned counsels for the petitioner and the State. Petitioner is an accused in a case registered for the offence under sections 363, 364, 120B/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that that the petitioner is not a named accused, however she has been implicated in this case on the basis of the confessional statement of the co-accused, Rita Devi, who is alleged to have said that the child in question was handed over to the husband of the petitioner namely, Chakradhar Prasad Singh. Learned counsel further submits that charge sheet was submitted against the said Chakadhar Prasad Singh and in the trial said Chakradhar Prasad Singh along with co-accused namely, Rita Devi & Pramod Ram were acquitted vide judgement dated 6th September, 2008 passed in G.R. No. 1238 of 2007 arising out of Lakhisarai P.S.Case No. 503 of 2007. Learned counsel has produced the certified copy of the aforesaid judgement, which has been kept on record. It is further submitted the during - 2 - the pendency of the case the child in question has been restored to the informant. Learned Addl. P.P. appearing for the State is not in position to refute the above submissions. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Kusum Devi be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai ( Kawaiya) P.S.Case No. 503 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)