Konika Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22670 of 2019 Arising Out of PS. Case No.-28980 Year-2014 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== KONIKA KUMARI, Daughter of Ram Binod Ray, Resident of VillageBherokhara, P.S.-Tajpur, District-Samastipur. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Priti Kumari, daughter of Shri Ravindra Prasad, Resident of VillageMerokhara, P.S-Tajnagar, District-Samastipur. at present Sarswati Sadan Indara Nagar, Road No.05, P.S.-Jakkanpur, District-Patna. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2019 Petitioner seek bail in anticipation of her arrest in connection with Complaint Case No. 28980 (C) of 2014, in which cognizance has been taken under Sections 376, 363 and 120B of the Indian Penal Code.

Allegation as per complaint petition is that the complainant, who is aged 19 years, has love affair with one Nitish Kumar and at the instigation of Nitish Kumar she fled away with 10 var gold and one lakh rupees and she was kept at the house of Ranjit Roy for one week at Patna and thereafter she was taken to Gaya by Nitish and kept her there for three months and he has established physical relationship with her on the assurance of marriage. Further allegation is that Nitish Kumar fled away from there keeping her in the house of Ranjit Roy, who also established physical relationship with her and the said Nitish Kumar married with another lady. It is also alleged that

Patna High Court CR. MISC. No.22670 of 2019(2) dt.09-04-2019 2/2 Nitish and the petitioner Konika Kumari are doing the business of prostitution.

Submission of learned counsel for the petitioner is that whatever allegation is there that is against Nitish Kumar and Ranjit Roy and allegation against the petitioner is of inducing her to flee with Nitish Kumar and the complainant appears to be major.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioner, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna, in connection with Complaint Case No. 28980(C) of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T