Janki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11037 of 2022 Arising Out of PS. Case No.-138 Year-2021 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== JANKI DEVI W/o Late Upendra Singh R/o village- Rishi, Pahadpur, P.S.- Medani Chowk, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan, Advocate For the Opposite Party/s :

Mr.Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 366(A) and 34 of the Indian Penal Code.

The informant alleges that on 24.11.2021 at about 12:30 noon when he along with his family members had gone for voting, in the meantime Nitish Kumar enticed his niece and became untraceable, further a search was made but the victim was not located. It is next alleged that thereafter informant went to the house of Nitish Kumar where he was abused by the petitioner, it is also alleged that informant received a call on 24.11.2021 by Nitish who informed that he has kidnapped his niece. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.11037 of 2022(2) dt.06-09-2022 2/2 petitioner is a person with clean antecedent and has been falsely implicated in the present case merely because she is mother of Nitish, it is next submitted that the victim has returned and has not supported the prosecution case and from perusal of allegations as alleged in the F.I.R. it would manifest that no specific allegation has been alleged against the petitioner. Learned counsel thus submits that it has become rampant to implicate the entire family members whenever such occurrence takes place. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Medni Chowk P.S. Case No. 138 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T