Sarita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51251 of 2014 Arising Out of PS.Case No. -260 Year- 2013 Thana -SAHARSA District- SAHARSA ======================================================
1. Sarita Devi Wife of Santosh Sharma R/o Village Kumedan Tola, PS. Bakhtiarpur, District Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarjeet Prabhakar For the Opposite Party/s : Mr. Raj Ballabh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-06-2015 Heard both sides.
The petitioner apprehends arrest in a case under section 366-A/34 of the Indian Penal Code.
The brother of the victim made allegation that Santosh Sharma, Chandeshwar Mistri, Sanjeet Kumar and Bhawash Kumar kidnapped his sister from her house. The petitioner is not named in the F.I.R. The victim made her statement under section 164 Cr. P.C. and she disclosed the name of the petitioner, who happens to be the wife of Santosh Sharma that the petitioner also assisted her husband while her husband was committing illegal act with the victim. It is submitted that the statement of the victim is quite improbable as the petitioner being the wife would not like her husband to have any illicit relationship
Patna High Court Cr.Misc. No.51251 of 2014 (2) dt.22-06-2015 with another girl. The husband has already been enlarged on bail. Considering the fact that later on the name of the petitioner transpired in the statement of the victim girl with an allegation that she assisted her husband in commission of the crime, the petitioner, above named, is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 260 of 2013, subject to the conditions as laid down under section 438(2)of the Code of Criminal Procedure, 1973.
(Prabhat Kumar Jha, J) Amin/- U