Prabha Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.25125 of 2015 (3) dt.22-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25125 of 2015 Arising Out of PS.Case No. -172 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Prabha Devi W/o- Jagdeo Mahto

2. Jagdeo Mahto S/o Late Mohan Mahto Both R/O Kawalpur Dih Tola, P.S.- Turkauliya Dist- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 363, 366(A), 379 and 34 of the Indian Penal Code.

Bhaiyaram Rai, the informant, made allegation that his minor daughter, Mintu Kumari, was enticed away by Radhika Devi and Prabha Devi. Jagdeo Mahto also helped them in kidnapping his minor daughter.

It has been submitted on behalf of the petitioners that the petitioners have no criminal antecedent. Further, it is submitted that petitioner no.1 is a lady and petitioner no.2 is the husband of petitioner no.1. It is also submitted that the petitioners have been

Patna High Court Cr.Misc. No.25125 of 2015 (3) dt.22-09-2015 falsely implicated in the present case due to enmity. It has not been disclosed in the FIR that with whom to marry his daughter was kidnapped.

On behalf of the State, it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts, I am not inclined to grant anticipatory bail to petitioner no.2,namely, Jagdeo Mahto and the same is rejected.

So far petitioner no.1 (Prabha Devi) is concerned, considering the fact that she is a lady, let petitioner no.2 (Prabha Devi), in the event of her arrest or surrender in the court below within a period of four 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 learned C.J.M., Motihari in connection with Turkauliya P.S.Case No. 172 of 2014, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U T