Radha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16393 of 2023 Arising Out of PS. Case No.-176 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== RADHA DEVI Wife of Lakhindra Rai R/V- Nimahi, P.S- Bajpatti, DistSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 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.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that his minor daughter, aged about 17 years, was kidnapped by the petitioner and handed over to Prashant, Raj Kishore and Ram Chandra, it is further alleged that his daughter while leaving had taken away ornaments worth Rs. 4,00,000/- and cash Rs. 1,50,000/- along with a mobile.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and from bare perusal of the allegations as alleged in the FIR it

Patna High Court CR. MISC. No.16393 of 2023(2) dt.25-05-2023 2/2 would manifest that the daughter of the informant had reached the age of discretion, secondly while leaving the house, she took away ornaments worth Rs. 4,00,000/- and cash Rs. 1,50,000/- along with a mobile which further shows that she left the house on her own will and the petitioner came to be implicated only for the reason that she is neighbour of the informant. Learned counsel next submits that the girl has returned. 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 her 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. 10,000/- (Rupees Ten 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 Bajpatti P.S. Case No. 176 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T