Kiran Devi v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15100 of 2019 Arising Out of PS. Case No.-574 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== Kiran Devi, Wife of Uttam Paswan Resident of Village - Bahiro, Ward No. 45, P.S.- Arrah (Nawada), District - Bhojpur (Arrah). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mithu Kumar @ Surya Shankar Paswan, Son of Subhash Paswan Resident of Village - Bahiro, Ward No. 45, P.S.- Arrah (Nawada), District - Bhojpur (Arrah).

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandan Kumar Verma For the Opposite Party/s :

Mr. Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Arrah (Nawada) Police Station Case No. 574 of 2018, disclosing offences punishable under Sections 366, 366(A)/34of the Indian Penal Code.

The petitioner is the mother of the main accused Rahul Kumar.

Learned counsel, appearing on behalf of the petitioner, has drawn my attention to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, to submit that no case against this petitioner can be said to be

Patna High Court CR. MISC. No.15100 of 2019(2) dt.12-03-2019 2/2 made out.

Considering the facts and circumstances, as noted above, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the Court below within six weeks, be released 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 learned Chief Judicial Magistrate, Bhojpur at Arrah in connection with Arrah (Nawada) Police Station Case No. 574 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U T