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Patna High CourtCR. MISC./54649/2015disposed

Lalti Devi v. The State Of Bihar

2015-12-02Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54649 of 2015 Arising Out of PS.Case No. -478 Year- 2013 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Lalti Devi W/o Tun Tun Sao @ Tun Tun Prasad resident of Mohalla - Daroga - Kuan (Gabada-par), P.S. Hilsa , District - Nalanda, Presently resides at Chiraiyatad (Devi Gali) , P.S. Jakkanpur, District - Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 02-12-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Section 366A of the Indian Penal Code.

The accusation is of abducting the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that the victim went missing in 2009 for which complaint has been filed in 2013. The son of the petitioner also went missing for which Sanaha was lodged in Gandhi Maidan Police Station on 05.10.2009 and subsequently Complaint Case

Patna High Court Cr.Misc. No.54649 of 2015 (2) dt.02-12-2015 2/3 No. 3031C of 2013 was also filed. It is further submitted that the daughter of the informant was performed marriage with the son of the petitioner and now they have three children. It is submitted by learned counsel for the informant that, though, the thrust of accusation is Vikash Kumar, son of the petitioner but she also connived in kidnapping of the daughter of the informant.

Considering the fact that thrust of accusation is against Vikash Kumar and petitioner being a lady, let the above named petitioner be released on anticipatory bail provisionally for four months in the event of her arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa in connection with Hilsa P.S. Case No. 478 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The petitioner will get the victim produced before the learned court below within four months. If the victim will be produced before the learned court below on 29th January, 2016 the learned court below record her statement and if she

Patna High Court Cr.Misc. No.54649 of 2015 (2) dt.02-12-2015 3/3 admits that she of her own married with Vikash Kumar then the provisional bail of the petitioner will be confirmed. If any application will be filed for providing security to the victim then the learned court below will pass appropriate order directing the police to provide security to the victim.

(Dinesh Kumar Singh, J) DKS/- U T