Phulo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43508 of 2017 Arising Out of PS.Case No. -58 Year- 2017 Thana -PIPRA District- SUPAUL ======================================================

1. Phulo Devi W/o Baidyanath Mandal resident of Village- Rajpur, Police Station- Pipra, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Verma For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State.

The petitioner seeks regular bail in connection with Pipra P.S. Case No. 58 of 2017 registered for the offences punishable under Sections 366-A/34 of the Indian Penal Code, 1860.

The petitioner is the mother of co-accused Shrawan Kumar and the allegation is that this petitioner and other three co-accused kidnapped the minor daughter of the informant. On perusal of F.I.R and documents on record, I find that the daughter of the informant was recovered after two days of kidnapping at Ludhiyana at the place of the uncle of the main accused Shrawan Kumar. The victim was produced before the learned Magistrate and her statement was recorded under Section

Patna High Court Cr.Misc. No.43508 of 2017 (2) dt.19-09-2017 2/2 164 of the Cr.P.C. The learned Magistrate has assessed her age as 17 years. She was produced before the Doctor, who assessed her age in between 16-19 years. The victim in her statement has stated that in the night of 06.04.2017, one female and three named co-accused forcibly abducted her and after getting conscious, she found herself at Darbhanga Railway Station from where she was taken to Ludhiyana. The uncle of Shrawan Kumar informed the parents of the informant from where she was brought to the house. The petitioner is in custody since 04.07.2017, having no criminal antecedent.

The learned APP for the State opposed the submission.

Considering the nature of omnibus allegation, facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned ACJM, III, Supaul in connection with Pipra P.S. Case No. 58 of 2017.

(Sanjay Kumar, J) ajay gupta/- U T