Maheshwari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13818 of 2020 Arising Out of PS. Case No.-430 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== MAHESHWARI DEVI W/o Bhagyanarayan Mahto R/o village- Rampur Asali, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 366(A)/34 of the Indian Penal Code. Allegation is that the accused persons kidnapped the daughter of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.13818 of 2020(3) dt.27-08-2020 2/3 petitioner. The petitioner has falsely been implicated in the present case. The petitioner is a lady. The main allegation is against the co-accused, namely, Rambabu Kumar. The petitioner has been made accused in the present case as she happens to be the mother of the co-accused Rambabu Kumar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. The victim has been recovered and her statement under Section 164 of Cr.P.C. has also been recorded.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of A.C.J.M. 1st (West), Muzaffarpur in connection with Sahebganj P.S. case No.430 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven

Patna High Court CR. MISC. No.13818 of 2020(3) dt.27-08-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T