Sripati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33713 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -SONBERSA District- SITAMARHI ======================================================
1. Sripati Devi W/o Sri Ravindra Das, R/o Village- Fathanpura, P.S.- Sursand, District- Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Suresh Kumar Ishwar For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2017 Heard the parties.
The petitioner is apprehending her arrest in connection with Sonbarsa P.S.Case NO.13 of 2017, registered for offences punishable under Sections 363 and 366(A) of the Indian Penal Code.
The petitioner is named in the F.I.R. and the allegation against her and other co-accused persons is of kidnapping the daughter of the informant.
Submission of the learned counsel for the petitioner is that she has been falsely implicated in this case. At the instance of the informant earlier also, a case had been lodged against her and her husband. Further submission is that statement of the girl has been recorded under Section 164 Cr.P.C. and though she has
Patna High Court Cr.Misc. No.33713 of 2017 (2) dt.20-07-2017 2/3 named the other co-accused person but not named this petitioner. Heard learned A.P.P. also.
Having heard both sides and considering the fact that the petitioner is a lady, as such, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of four weeks, 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 C.J.M., Sitamarhi in connection with Sonbarsa P.S.Case No.13 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the investigation of the case and make herself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of her bail bond.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U
Patna High Court Cr.Misc. No.33713 of 2017 (2) dt.20-07-2017 3/3