Budhani Devi @ Garba Wali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4715 of 2020 Arising Out of PS. Case No.-89 Year-2019 Thana- GHOGHARDIHA District- Madhubani ====================================================== BUDHANI DEVI @ GARBA WALI Wife of Munar Mandal @ Munnar Mandal Resident of Village - Mojiyasi, Chethru Mandal Tole, Ward No. 05, P.S.- Ghoghardiha, Distt - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivnandan Bharti, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 366A and 34 of the Indian Penal Code.
The prosecution case as per the written report of Rajendra Yadav submitted before the S.H.O., Ghoghardiha is to the effect that on 25.06.2019 at 8.00 P.M., the grand-daughter of the
Patna High Court CR. MISC. No.4715 of 2020(2) dt.29-02-2020 2/3 informant, namely, Sita Kumari went to ease out when the petitioner, her husband, Munar Mandal and her son, Seojee Kumar Mandal kidnapped her for the purpose of marriage. It is submitted by learned counsel for the petitioner that the petitioner being an old lady has been roped in the present case simply because she is the mother of co-accused, Seojee Kumar Mandal with whom the victim is said to have eloped. Moreover, the thrust of accusation is against co-accused, Seojee Kumar Mandal. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State the petitioner is named in the FIR with specific accusation and the victim girl has not returned till date.
Considering the thrust of accusation against coaccused, Seojee Kumar Mandal and the petitioner, being an old lady, having no criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Jhanjharpur, in connection with Ghorghardiha P.S. Case No.89 of 2019 (G.R. No. 1006 of
Patna High Court CR. MISC. No.4715 of 2020(2) dt.29-02-2020 3/3 2019), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T