Khushbu Kumari v. The State Of Bihar

Patna High Court Cr.Misc. No.294 of 2017 (2) dt.10-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.294 of 2017 Arising Out of PS.Case No. -51 Year- 2010 Thana -BELHAR District- BANKA ====================================================== Khushbu Kumari D/o Sadanand Rai, resident of village- Bela Khutahari, P.S. Belhar, Distt.- Banka .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Belhar P.S. Case No. 51 of 2010, G.R. No. 476 of 2010 for the offences instituted under Sections 363 and 366A/34 of the Indian Penal Code.

The allegation against the petitioner is that she called the daughter of the informant through her father on the eve of her engagement and co-accused namely Shibu Sharma and Rakesh Sharma are said to have kidnapped the daughter of the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. She has falsely been implicated in the present case. There is no allegation

Patna High Court Cr.Misc. No.294 of 2017 (2) dt.10-01-2017 of sexual or physical abuse alleged against the petitioner. The victim has been examined under Section 164 of the Cr.P.C. The main allegation has been made against co-accused namely Shibu Sharma and Rakesh Sharma.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Belhar P.S. Case No. 51 of 2010, G.R. No. 476 of 2010 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J.) Amit/- U T