Smt. Sarita Devi @ Janki Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.205 of 2019 Arising Out of PS. Case No.-412 Year-2017 Thana- LAKHISARAI District- Lakhisarai ====================================================== Smt. Sarita Devi @ Janki Devi, aged about 40 years, female, wife of Heera Mahto, resident of Village-Manoharpur, Police Station- Birupur, DistrictLakhisarai ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Rajesh Kumar For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 06-02-2019 The appellant seeks pre-arrest bail in connection with Lakhisarai (Kabaiya) P.S. Case No. 412 of 2017, registered for offences punishable under Sections 366(A), 120(B) of the Indian Penal Code, Section 8 of the POCSO Act and Section 3(x) of SC/ST Act.
Allegation against the appellant and other accused person is of kidnapping the daughter of the informant and the appellant happens to be mother of the main accused person. Submission of learned counsel for the appellant is that the main allegation is against other co-accused person and the appellant is the mother of main accused, due to which she has falsely been implicated in this case. Further, she has no criminal antecedent.
Patna High Court CR. APP (SJ) No.205 of 2019 dt.06-02-2019 2/2 Heard learned Special P.P. also.
Having heard both sides, considering the facts and circumstances of the case as stated above, let the appellant, above named, be surrendered within a period of six weeks and on surrender she will release on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, 1st Lakhisarai, in connection with Lakhisarai (Kabaiya) P.S. Case No. 412 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C. Accordingly, this appeal is allowed and the impugned order is set-aside.
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