Asha Devi @ Asha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19724 of 2018 Arising Out of PS. Case No.-41 Year-2017 Thana- ANDER District- Siwan ====================================================== ASHA DEVI @ ASHA SINGH, W/o Ram Jeevan Singh, R/o Village- Korara, P.S.- Mairwa, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Singh, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-04-2018 Heard learned Counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 366, 376, 506 and 120B of the Indian Penal Code.

Initially the prosecution case got initiated with filing of Complaint Case No.109 of 2017, which came to be registered as police case being Andar P.S Case No.41 of 2017, after its being transferred under Section 156(3) of the Code of Criminal Procedure.

The informant has alleged that on 10.11.2016, at 10.00A.M. her daughter Neha Kumari left the house for school. On the way, the petitioner, Asha Devi and co-accused, Radha Mohan Singh, sprayed some sedative on her and was kidnapped

Patna High Court Cr.Misc. No.19724 of 2018(2) dt.05-04-2018 2/3 on a motorcycle. The informant's daughter returned home on 24.12.2016. It is also alleged that co-accused Radha Mohan Singh ravished the informant's daughter.

It is submitted by learned counsel for the petitioner that for the occurrence of 10.11.2016, the complaint was filed on 12.01.2017 and the delay has not been explained. Consequently, the FIR was lodged on 01.03.2017, though the victim returned home on 24.12.2016 of her own. Statement of the victim was recorded under Section 164 of the Code of Criminal Procedure on 01.04.2017, wherein, she has not named the petitioner. The petitioner has been roped in, in the present case since she happens to be sister-in-law (bhabhi) of co-accused Radha Mohan Singh and the petitioner and the informant are related to each other. It also appears that other female accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No. 56872 of 2017. A statement has been made in paragraph no.

3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by Mr. J. N. Thakur learned APP for the State that there is specific accusation against the petitioner.

Patna High Court Cr.Misc. No.19724 of 2018(2) dt.05-04-2018 3/3 recorded under Section 164 of the Code of Criminal Procedure, wherein, she has not named this petitioner, delayed filing of complaint and the petitioner being lady, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Siwan, in connection with Andar P.S. Case No.41 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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