Mamata Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22560 of 2019 Arising Out of PS. Case No.-329 Year-2018 Thana- BASANTPUR District- Siwan ====================================================== Mamata Devi Wife of Rajesh Sah Resident of Village - Rupanchap, P.S.- Barauli, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhilesh Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends her arrest in Basantpur P.S. Case No. 329/2018, registered for the offences punishable under Section(s) 366A/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a lady. She has falsely been implicated in this case. The victim girl Kajal Kumari in her statement recorded under Section 164 Cr.P.C has nowhere stated that petitioner has kidnapped her.

In view of the statement of victim girl recorded under Section 164 Cr.P.C, it appears that there was love affair between the victim girl and one of the co-accused Akash Tiwari. She left her house without any pressure or coercion and went along with

Patna High Court CR. MISC. No.22560 of 2019(3) dt.10-07-2019 2/2 the co-accused Akash Tiwari.

Considering the facts aforesaid, the petitioner abovenamed, in the event of her arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 329/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) vinita/- U T