Phool Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12710 of 2018 Arising Out of PS.Case No. -365 Year- 2017 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Phool Kumari Devi, W/o Lalan Prasad, R/o Village- Alineura, P.S.- Minapur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate. For the Opposite Party/s : Mr. Manish Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Minapur P.S. Case No. 365 of 2017 instituted for the offence under Sections 366A/34 of the Indian Penal Code.

In the written report it is alleged that minor daughter of the informant who is student of Class-IX had gone with her friend and till evening she did not return to the house. The informant during search learnt that she has been taken away by Pintu Prasad, son of Lalan Prasad. It is further alleged that the informant went to the house of the Pintu Prasad to enquire about the matter, he was threatened by this petitioner. In this manner, there is no allegation of any specific overt act against the petitioner. She is a lady.

Patna High Court Cr.Misc. No.12710 of 2018 (2) dt.08-03-2018 2/2 Learned counsel for the petitioner has submitted that she is mother of co-accused Pintu Prasad.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Minapur P.S. Case No. 365 of 2017, he shall be released on anticipatory 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, Muzaffarpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T