Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51991 of 2015 Arising Out of PS.Case No. -198 Year- 2015 Thana -BRAHMPUR District- BUXAR ====================================================== Babita Devi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Dinesh Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-12-2015 Heard learned Counsel for the petitioners and learned A.P.P. for the State.

Petitioner apprehends her arrest in connection with Brahmpur (Krishna Brahm) P.S. Case No. 198 of 2015 for offences alleged under Sections 363, 365, 366(A), 120(B)/34 of the Indian Penal Code.

Prosecution case is that one Manoj Kumar has given a written application before Brahmpur (Krishna Brahm) S.H.O. stating therein that his daughter Rani Kumari aged about 13 years was student of Seventh Class. He further alleged that on 1.7.2015 at about 9.00 P.M. his neighbours, who are named accused in this case called her to their house. In the night when she did not return to her house then informant searched her. He further alleged that this petitioner along with all named accused persons had kidnapped his daughter by a conspiracy for forcing her to get her married or with the intention to do something wrong with her.

Patna High Court Cr.Misc. No.51991 of 2015 (2) dt.17-12-2015 2/2 It has been submitted by the learned Counsel for the petitioner that she is the mother of the accused Rahul Kumar and had no hand in the commission of the said offence. It has further been stated that both Rahul Kumar and the girl, Rani Kumari, daughter of the informant were in love with each other and have performed marriage. An affidavit thereof has been filed by both the accused, Rahul Kumar and Rani Kumari which is annexure 3 and 3(1) of this petition.

Be that as it may, let the petitioner above named, in the event of her arrest or surrender before the court below within a period of 6 weeks from the date of receipt/production of copy of this order, be released on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Brahmpur (Krishna Brahm) P.S. Case No. 198 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Nilu Agrawal, J) sunil/- U