Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.936 of 2017 Arising Out of PS.Case No. -151 Year- 2016 Thana -DHAMDAHA District- PURNIA ======================================================

1. Rekha Devi, wife of Binod Sah, resident of Village- Dhamdha, Police Station- Dhamdha, Police Station- Dhamdha, District- Purnia. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The petitioner prays for anticipatory bail in connection with Dhamdha PS case no. 151 of 2016 registered for the offence punishable under section 366A/34 of Indian Penal Code.

It is submitted on behalf of petitioner that she is named in FIR only because she is mother of Vishal Sah against whom there is main allegation of kidnapping and except that, there is nothing against the petitioner and she has been falsely implicated in this case.

Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail and submitted that even in the statement of victim girl recorded under Section 164 of Code of

Patna High Court Cr.Misc. No.936 of 2017 (2) dt.18-01-2017 2/2 Criminal Procedure, she has named this petitioner. Having heard both sides. Considering the materials available on record, let the petitioner be enlarged on provisional bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Purnea in connection with Dhamdha PS case no. 151 of 2016 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that once charge sheet will be submitted in this, petitioner will surrender before the court below and pray for regular bail and learned court below, on the basis of materials available in case diary, will dispose of the same. With these observations, this bail application is disposed of.

(Vinod Kumar Sinha, J.) rinkee/- U T