Lal Dai Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26166 of 2016 Arising Out of PS.Case No. -276 Year- 2015 Thana -PHULPARAS District- MADHUBANI ====================================================== Lal Dai Devi, Wife of Domi Ram, resident of village- Garatol, P.S.- Phulparas, District- Madhubani .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Baleshwar Kamat, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 01-07-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 363, 366 (A), 379/34 of the Indian Penal Code.

It is contended on behalf of the petitioner that in the FIR it has clearly been stated by the father of the victim girl that Raj Kumar Ram had abducted her forcibly with the help of another person on his motorcycle. The victim girl was recovered on the same day and on the next day, her statement under Section 164 Cr.P.C. was recorded in which she has stated that in fact the mother of Raj Kumar Ram forcibly took both of them considering that there is relationship between them and locked them inside a room and was forcibly pressurize to marry Raj Kumar Ram. It is

Patna High Court Cr.Misc. No.26166 of 2016 (2) dt.01-07-2016 2/2 further contended that it is highly improbable story that the victim girl and accused Raj Kumar Ram were taken forcibly by the mother of Raj Kumar Ram to her house and, thereafter, she locked them and, in the meantime, the said girl never raised any alarm. Having regard to the facts and circumstances of the case and also in view of the fact that the petitioner is a lady, let her 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 Phulparas P.S. Case No.276/2015, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Jhanjharpur, Madhubani 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