Patna High CourtCR. MISC./38169/2015disposed

Rampari Devi v. The State Of Bihar

2015-09-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38169 of 2015 Arising Out of PS.Case No. -62 Year- 2012 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rampari Devi, wife of Badri Das .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 366A/34 of the Indian Penal Code.

The accusation is of kidnapping the minor daughter of the informant. In 164 Cr. P.C. statement the victim has stated that she was kidnapped by this petitioner and co-accused Badri Das, Chhote Lal, Sanjay and Udai and was taken to Delhi but, subsequently, she reached Motihari with the help of Udai and Sanjay from where she made phone call to her father from there she returned home with her father.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.38169 of 2015 (2) dt.22-09-2015 2/2 that for the occurrence of 29.08.2012, the FIR was registered on 03.09.2012. The petitioner has been maliciously roped in the present case.

Considering the inconsistency between the FIR and 164 Cr.P.C statement and delayed lodging of the case, it is a case for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Kundwa Chainpur P.S. Case No.62 of 2012, pending before the learned Judicial Magistrate, 1st Class, Sikrahna, Motihari, East Champaran.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T