USHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) A child aged about four and half years old, kidnapped for ransom was recovered from the house of the petitioner. Earlier case under Ss. 363 and 365 of the Indian Penal Code was registered. According to the prosecution, the accused persons were demanding ransom of Rs. five lakhs for release of the child. During the course of investigation petitioner was found involved in the crime. She was arrested and on the failure of the Investigating Officer to submit charge-sheet within 90 days she was released on bail in terms of Proviso (a) to S. 167(2) of the Code of Criminal Procedure. Later on, charge-sheet was submitted against the petitioner under Ss. 364-A, 363 and 365 of the Indian Penal Code and the learned Magistrate took cognizance of the offence, and the case was committed to the Court of Session. After commitment of the case petitioner appeared before the trial Court and prayed that she may be allowed to continue on bail, which prayer has been rejected by the 5th Additional Sessions Judge, Fast Track Court, Vaishali by order dated 7-2-2005 passed in Sessions Trial No. 449 of 2004.

(2.) Aggrieved by the same, petitioner has preferred this application under S. 482 of the Code of Criminal Procedure and her prayer is to quash the aforesaid order and direct continuance of the petitioner on bail.

(3.) It is relevant here to state that aggrieved by the aforesaid order refusing to allow the petitioner to continue on bail, petitioner earlier filed application for grant of bail under S. 439 of the Code of Criminal Procedure before this Court, which was registered as Criminal Misc. No. 7569 of 2005 (Usha Devi v. State of Bihar) and this Court by order dated 14-3-2005 rejected the prayer of the petitioner but while doing so it observed as follows :-