Mirmati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1404 of 2018 Arising Out of PS.Case No. -57 Year- 2016 Thana -SALIMPUR District- PATNA ======================================================
1. Mirmati Devi, wife of Rama Nand Ravidas, resident of villageRukanpura, P.S.-Khusrupur, District-Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arbind Kumar, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 27-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends her arrest in Salimpur P.S. Case No.57 of 2016 instituted for the offence under Section(s) 365, 366-A/34 Indian Penal Code.
Counsel for the petitioner has submitted that petitioner is not named in the First Information Report. She has been implicated in the case because she happens to be Mausi of Rockey Kumar, who at that time stayed in the house of this petitioner.
In the written report, there is allegation that minor daughter of the informant was kidnapped by Rockey Kumar and two other accused as named in the written report. Counsel for the petitioner has submitted that the girl
Patna High Court Cr.Misc. No.1404 of 2018 (4) dt.27-02-2018 2/3 has solemnized marriage also with Rockey Kumar. The Sessions Judge has mentioned in the impugned order that during investigation Investigating Officer has received marriage certificate of Rockey Kumar and Dipa Kumari issued by Arya Samaj Vedik Sanskar Trust, which shows that both have solemnized marriage in Arya Samaj Mandir, Rajendra Market, Tis Hazari, Delhi, on 01.06.2016.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Salimpur P.S. Case No.57 of 2016, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Barh, Patna, 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 her absence on two consecutive dates without proper and reasonable reason will be liable to cancel her bail bond and (3) if petitioner tampers
Patna High Court Cr.Misc. No.1404 of 2018 (4) dt.27-02-2018 3/3 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) JA/- U T