Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38314 of 2017 Arising Out of PS.Case No. -142 Year- 2016 Thana -SURSAND District- SITAMARHI ======================================================

1. Manju Devi, W/o Rajkishor Rai, resident of village-Deonath Patti, P.S.- Sursand, Dist-Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 03-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Sursand P.S. Case No.142 of 2016 instituted for the offence under Section(s) 366, 307/34 Indian Penal Code.

Counsel for the petitioner has submitted that victim girl has given her statement under Section 164 Cr. P.C., which is annexed as Annexure-A to the Supplementary Affidavit filed by the counsel for the petitioner today in Court, wherein, she has stated that she has voluntarily married with Shankar Rai and she has a son aged about eight months out of the wedlock. In the written report, informant has mentioned age of his daughter as 18 years.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.38314 of 2017 (4) dt.03-01-2018 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Sursand P.S. Case No.142 of 2016, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sadar, Sitamarhi, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.