Marni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.842 of 2019 Arising Out of PS. Case No.-94 Year-2016 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== MARNI DEVI ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pramod Kumar Singh, Advocate For the Respondent/s :

Mr.Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 04-04-2019 Heard the parties.

The appellant seeks anticipatory bail in connection with N.H. Bangra P.S.Case No. 94 of 2016, registered for offences punishable under Sections 366 (A), 376, 120 (B) of the Indian Penal Code and under Sections 3(i) (s), 3 (2) (va) of the SC/ST Act.

The allegation as per the F.I.R. against the appellant is that the appellant along with other accused persons is of kidnapping the daughter of the informant and tried to commission of rape upon on her.

Submission of the learned counsel for the appellant is that there is love affairs between accused , Tuntun Mahto and the victim girl, which would be evident from the statement recorded under Section 164 Cr.P.C. and she voluntarily left her house and

Patna High Court CR. APP (SJ) No.842 of 2019 dt.04-04-2019 2/2 the informant has not known of the name of the appellant. It is further submitted that the similarly situated co-accused person has been granted the bail vide order dated 12.09.2018 pased in Cr. Appeal (S.J.)No. 1778 of 2018.

Heard learned Spl. P.P.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the Court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1s Additional Sessions Judge cum-Special Judge ( SC/ST)Act in connection with N.H. Bangra P.S. Case No. 94 of 2016, subject to condition as laid down under Section 438 of Cr.P.C.

With the aforesaid direction, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) sudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.04.2019 Transmission Date 06.04.2019