Chandana Kumari v. The State Of Bihar

Patna High Court Cr.Misc. No.8077 of 2015 (3) dt.20-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8077 of 2015 Arising Out of PS.Case No. -813 Year- 2014 Thana -SAHAYAK NAGAR District- KATIHAR ====================================================== Chandana Kumari, Sanchalika, Mahila Help Line, Katihar, wife of Sanjay Kumar Jha, Resident of Mohalla- Bheriya Rahika, P.S. Katihar Town(Sahayak), District Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends her arrest in connection with Katihar Town P.S. Case No. 813 of 2014 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is the Secretary and since she was one of the functionaries of the NGO who had been handed over this mentally challenged girl in advanced stage of pregnancy and had admitted her in the hospital for her delivery she has been named in the first information report. It is further submitted that the victim girl died during the course of delivery. All documents indicated that the deceased died after giving birth to a female child during the course of delivery on account of

Patna High Court Cr.Misc. No.8077 of 2015 (3) dt.20-05-2015 the fact that her condition was very bad as is evident from the Medical Officer attending on her. Birth certificate of child has been annexed to this application.

Considering the aforementioned facts and circumstances and also the fact that there is no material in the case diary to implicate the petitioner in the alleged offence, let the petitioner, in the event of her arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged 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 Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 813 of 2014 subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Anjana Mishra, J) Jagdish/- U T