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Patna High CourtCR. MISC./62644/2017bail granted

Laxmina Devi v. The State Of Bihar

2018-02-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62644 of 2017 Arising Out of PS.Case No. -147 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Laxmina Devi, Wife of Arun Raut, Resident of Village- Raghunathpur, P.S.- Raghunathpur, (O.P.) (Turkaulia), District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Turkauliya/ Raghunathpur PS case no. 147 of 2017 registered for the offences punishable under Section 366(A)/34 of Indian Penal Code.

The case of the prosecution is that one Santosh Raut, the son of the petitioner had fled away with one Khushi Kumari along with Amit Kumar and Kajal Kumari. The further allegation in the complaint is that though Kajal and Amit have returned back but the son of the petitioner as also the girl i.e. Khushi are still missing.

Patna High Court Cr.Misc. No.62644 of 2017 (4) dt.15-02-2018 2/2 The learned counsel for the petitioner submits that as far as the petitioner is concerned, she being the mother of the said Santosh has got no role inasmuch as it is not even a case of last seen, however the fact is that her son is also missing till date apart from the girl with whom he had fled away. The petitioner is said to be having a clean antecedent.

Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran (Motihari) in connection with Turkauliya/ Ragunathpur PS case no. 147 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T