IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26603 of 2010 TULIYA DEVI Versus STATE OF BIHAR ----------- 2 05.08.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No. 626 of 2004 arising out of Thakraha P.S. Case No. 59 of 1998 for offences punishable under Sections 363, 366A/ 34/376 and of the Indian Penal Code. The charge against this petitioner is of abetting the abduction of the daughter of the informant. Learned counsel with reference to an order passed in Trial No. 72 of 2002 dated 11.12.2003 placed at Annexure-2 of the application submits that the person against whom the main allegation was directed namely, Sahi Gond, has been acquitted of the charges by the trial Court. He submits that in absence of any evidence against this petitioner, her incarceration is not justified. Considering the circumstances and the submissions of learned counsel, let the - 2 - petitioner namely, Tuliya Devi, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Additional District Judge,(F.T.C.V), Bettia, West Champaran in connection with Sessions Trial No. 626 of 2004 arising out of Thakraha P.S. Case No. 59 of 1998 subject to the condition that the petitioner would ensure her representation before the trial Court on each and very date fixed in the case and the failure on the part of the petitioner to ensure her representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the trial Court, would confer liberty on the Court concerned to initiate proceeding for cancellation of her bail bonds and for taking her into custody. Bibhash (Jyoti Saran, J.)