Janki Devi @ Maheshwari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21396 of 2018 Arising Out of PS. Case No.-145 Year-2017 Thana- SIKTI District- Araria ====================================================== Janki Devi @ Maheshwari Devi W/o Dhaneshwar Sada resident of village - Dhumgarh, Ward No. 7, P.S. - Bardaha, District - Araria. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Gopal Kumar Jha For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-04-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of her arrest in connection with Sikty (Bardaha) P.S. Case No. 145 of 2017 dated 04.06.2017 instituted for the offences under Sections 363, 366 (A), 370, 504/ 34 of the Indian Penal Code.

The daughter of the informant was enticed away by one Upendra Sada with the active connivance and help of one Rajesh Kumar Sada. When the informant went to the house of the aforesaid Upendra Sada, the family members of Upendra Sada including the petitioner who is non-else but the mother of Upendra

Patna High Court Cr.Misc. No.21396 of 2018(2) dt.26-04-2018 2/3 Sada, abused the informant and told her that Upendra Sada shall marry the daughter of the informant. Learned counsel for the petitioner has submitted that the daughter of the informant actually had consented to go to a distant place with the son of the petitioner to marry, but later she changed her mind. In her 164 statement, the victim girl has stated that she was forcibly taken to some unknown destination but she could manage to run away from the place where she was confined. In the same statement, she has named the other persons who were involved in the occurrence viz. Dhaneshwar Rishideo and Rajesh Sada. So far as the petitioner is concerned, there is only a general allegation of her along with other family members of having abused the informant and letting him know that his daughter would be married to Upendra Sada.

Considering the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate,- 1st Class, Araria in connection with Sikty (Bardaha) P.S.

Patna High Court Cr.Misc. No.21396 of 2018(2) dt.26-04-2018 3/3 Case No. 145 of 2017 (G.R. Case No. 1868 of 2017) subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) Krishna/- Sneha U T