Paniya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11780 of 2018 Arising Out of PS.Case No. -321 Year- 2017 Thana -BAHADURPUR District- DARBHANGA ====================================================== Paniya Devi, Wife of Baidyanath Yadav @ Baidyanath Yadav, Resident of Village- Kamalpur, Police Station- Bahadurpur and District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Bahadurpur P.S. Case No. 321 of 2017 instituted for the offence under Sections 341, 323, 504, 363 and 366(A)/34 of the Indian Penal Code.

In the written report it is alleged that minor daughter of the informant namely, Rinku Kumari had gone for tuition but she did not return. The informant learnt during search that she was seen going with co-accused Chhotu Yadav. Petitioner is mother of Chhotu Yadav.

The Sessions Judge has mentioned in the impugned order that victim girl after recovery has given her statement under Section 164 Cr. P.C. wherein she has stated that she had

Patna High Court Cr.Misc. No.11780 of 2018 (3) dt.04-04-2018 2/2 voluntarily gone to Delhi and from Delhi to Ludhiyana with Chhotu Yadav and solemnized marriage with him. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Bahadurpur P.S. Case No. 321 of 2017, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Darbhanga, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers 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) S.Ali/- U T