Guria Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33061 of 2016 Arising Out of PS.Case No. -127 Year- 2016 Thana -MADHEPURA District- MADHEPURA ====================================================== Guria Devi Wife of Sushil Yadav @ Sushil Kumar Resident of VillageGodhaila, P.S. +District Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Madhepura P.S. Case No. 127/16 for offences alleged under Sections 366-A/34 of the Indian Penal Code.

Allegation is that on 03.03.2016 at 5.00 P.M. when daughter of the informant Sweety Kumari along with her youngest sister Chunni Kumari had gone for walk in their field, petitioner along with others forcible took away Sweety Kumari and when Chunni Kumari protested then they threatened her to kill.

It has been submitted by the learned counsel for the petitioner that she is innocent and has falsely been implicated in the aforesaid case as she is a married sister of one co-accused

Patna High Court Cr.Misc. No.33061 of 2016 (2) dt.20-08-2016 2/2 Amit Kumar, who is alleged to have kidnapped the daughter of the informant Sweety Kumari. He submits that the victim girl in her statement under Section 164 Cr.P.C. has not made any allegation against this petitioner except that she had knowledge. He further submits that no case under Section 366-A I.P.C. is made out against the petitioner and that she has no criminal antecedent, as is evident from paragraph 3 of this application. However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since the petitioner has been implicated being the sister of the co-accused Amit Kumar, who is alleged to have kidnapped the victim girl, let petitioner, above named, in the event of her arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case No. 127/16, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T