Lakshamina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6286 of 2017 Arising Out of PS.Case No. -89 Year- 2016 Thana -SANJHAULI District- SASARAM (ROHTAS) ====================================================== Lakshamina Devi, Wife of Sri Santosh Sah, resident of Village - Sanjhauli, P.S. - Sanjhauli, District - Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-02-2017 The petitioner is apprehending his arrest in connection with Sanjhauli P.S. Case No. 89 of 2016, registered for offences punishable under Sections 365/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that there is no direct allegation against this petitioner, her name has surfaced in this case only on the basis of suspicion as a school bag was recovered from her house. However, now the girl has also returned to her house and she, in her statement recorded under Section 164 of the Cr.P.C. has not named this petitioner and since the petitioner happens to be a lady, deserves the sympathetic view of this Court.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner has no criminal antecedent and she is a lady and the girl in her statement recorded under Section 164 of the Cr.P.C has also not named this petitioner, as such, let the petitioner above named,

Patna High Court Cr.Misc. No.6286 of 2017 (2) dt.21-02-2017 2/2 in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bikramganj, District-Rohtas, in connection with Sanjhauli P.S. Case No. 89 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

This is further subject to the conditions that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make herself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of her bail bonds.

(Vinod Kumar Sinha, J) sunil/- U