Patna High CourtCR. MISC./54650/2016bail granted

Gangia Devi v. The State Of Bihar

2017-01-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54650 of 2016 Arising Out of PS.Case No. -213 Year- 2014 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Gangia Devi wife of Ram Bali Yadav@ Ram Ballabh Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shama Sinha For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends her arrest in connection with Kusheshwar Asthan Police Station Case No. 213 of 2014 registered for the offences punishable under Sections 363, 366 A of the Indian Penal Code.

The victim has already returned to her home and her statement was recorded under section 164 of the Cr.P.C. In her statement recorded under Section 164 of the Cr.P.C., she claims that on the alleged date of occurrence, petitioner and one Mando Devi were talking with her and in the meantime, F.I.R named accused Shobhanand Yadav and Arbind Yadav forcibly took her to Delhi where she was raped by both the aforesaid co-accused. Submission on behalf of the petitioner is that petitioner

Patna High Court Cr.Misc. No.54650 of 2016 (2) dt.09-01-2017 2/2 happens to be mother-in-law of Shobhanand Yadav and, as a matter of fact, she has falsely been implicated in this case. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of her arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Biraul in Kusheshwar Asthan Police Station Case no. 213 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U T