Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66568 of 2018 Arising Out of PS. Case No.-104 Year-2018 Thana- MUFFASIL District- West Champaran ========================================== Geeta Devi W/o Awadh Mahto Resident of Village- Shekhauna, P.S. Bettiah Muffasil, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Sri Dilip Kumar ========================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-12-2018 The petitioner seeks bail in anticipation of her arrest in connection with Bettiah Muffasil P.S. Case No. 104 of 2018 dated 16.03.2018 instituted for the offences under Sections 366, 498, 379, 34 of the Indian Penal Code. The son of the petitioner is stated to have taken away the daughter-in-law of the informant in his absence along with other valuables kept in the house. After about twenty days, the daughter-in-law of the informant made statement under Section 164 Cr.P.C in which she does not state anything about the petitioner and has only said that son of the petitioner had kept her somewhere for about

Patna High Court Cr.Misc. No.66568 of 2018(2) dt.17-12-2018 2/3 twenty days.

A Bench of this Court while hearing the bail petition (Cr. Misc. No. 66055 of 2018) of the son of the petitioner granted him bail on the finding that no force was used on the daughter-in-law of the informant and she was not sexually exploited.

This Court is at a loss to understand as to what was the purpose of son of the petitioner in taking away the daughter-in-law of the informant to some unknown place. The victim has not told anything about her being divested of her personal belongings.

The learned counsel for the petitioner has submitted that though the petitioner is the mother of a son who has committed the offence but she, in the first instance, did not know that her son has committed such an offence because the victim was not kept in the house where the petitioner resided and secondly the petitioner being an old lady who could not have withheld her son from committing an act.

Regard being had to the aforesaid facts, the

Patna High Court Cr.Misc. No.66568 of 2018(2) dt.17-12-2018 3/3 petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, is directed to be released on bail on her furnishing bail bonds of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah (Muffasil) P.S. Case No. 104 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T