Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34083 of 2016 Arising Out of PS.Case No. -126 Year- 2016 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== Rinku Devi, Wife of Awadhesh Rai, Resident of Village- Jurawanpur, P.S. Bidupur, District- Vaishali at Hajipur.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dr. Om Prakash Om, Advocate. For the Opposite Party : Mr. Pradeep Narain Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending her arrest in connection with Bidupur P.S. Case No. 126 of 2016 for the offences instituted under Section 366 of the IPC.

The accusation against the petitioner is of kidnapping the wife of the informant with intent to get her marriage with her relation.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is a lady. She has been made accused due to mistake of fact. There is no substantive evidence to suggest her implication in

Patna High Court Cr.Misc. No.34083 of 2016 (3) dt.14-12-2016 2/2 the present case.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. The victim has been examined under Section 164 Cr. P.C. She has also named this petitioner in her statement.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in Bidupur P.S. Case No. 126/2016, pending in the court of learned C.J.M. Vaishali at Hajipur. If the petitioner surrenders in the court below the same shall be considered on its own merit without being prejudiced by the order of this Court taking into account that the petitioner is a lady.

U.K./- (Sudhir Singh, J) U T