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Patna High CourtCR. MISC./50900/2017bail granted

Laliya Devi v. The State Of Bihar

2018-03-19Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50900 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -RAJNAGAR District- MADHUBANI ======================================================

1. Laliya Devi, W/o Sooraj Mandal, R/o Village- Nakti, P.S.- Rajnagar, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s : Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 19-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Rajnagar P.S. Case No.29 of 2017 instituted for the offence under Section(s) 363, 366-A/34 Indian Penal Code and Section 4 of the POCSO Act.

Counsel for the petitioner has submitted that the victim girl has performed marriage with Anand Gupta. In support of such submission, marriage certificate of the victim girl with Anand Gupta has been annexed as Annexure-2. Counsel for petitioner has further submitted that the petitioner after coming to know about the correct fact of performing marriage of her daughter with Anand Gupta, he has filed compromise petition in the Court below, which is enclosed as Annexure-3.

Patna High Court Cr.Misc. No.50900 of 2017 (5) dt.19-03-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Rajnagar P.S. Case No.29 of 2017, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, I, Madhubani, 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 her absence on two consecutive dates without proper and reasonable reason will be liable to cancel her 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) JA/- U T