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Patna High CourtCR. MISC./31655/2016bail granted

Rambha Devi v. The State Of Bihar

2016-09-02Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31655 of 2016 Arising Out of PS.Case No. -61 Year- 2015 Thana -MAHILA P.S BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rambha Devi, w/o Birendar Kushawaha, resident of village - Ratanmala, P.S. Bagaha, District - West Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prithvi Nath Mishra, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 02-09-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 363, 366 (A), 506/34 of the Indian Penal Code.

It is contended that the petitioner is a lady, who happens to be the mother of main accused Mohan Kushwaha, the person who had allegedly kidnapped the minor daughter of the informant and, as such, she has unnecessarily been roped up in the present case. It is further contended that there is absolutely no allegation against the petitioner save and except that she abused the informant and, thereafter, her name has only been taken on the basis of suspicion.

Learned counsel for the State has submitted that the

Patna High Court Cr.Misc. No.31655 of 2016 (2) dt.02-09-2016 2/2 victim girl has not been recovered as yet, however, he is not in a position to say that actually what role has been assigned to the petitioner because, according to the petitioner, it does not appear from perusal of the FIR that there is any role assigned to her except that she is mother of the main accused. Having regard to the facts and circumstances of the case, let the petitioner, namely, Rambha Devi be released on bail in the event of her arrest/surrender before the court below within a period of six weeks from today in connection with Bagaha Mahila P.S. Case No.61/2015, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bagaha, West Champaran subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U T