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Patna High CourtCR. MISC./27571/2019bail granted

Mina Devi v. The State Of Bihar

2019-07-30Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27571 of 2019 Arising Out of PS. Case No.-167 Year-2018 Thana- JAMOBAZAR District- Siwan ====================================================== MINA DEVI Wife of Late Munna Ram Resident of Village- Jamo Mathia Belsand, P.S.- Madhopur O.P. Barauli, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Naresh Prasad For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Section 366 A/34 of the Indian Penal Code.

Minor daughter of the informant is said to have been kidnapped by five accused persons including the petitioner. Earlier to the occurrence co-accused Bhalu Ram had extended threatening of giving lesson to the nephew of the informant.

Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The

Patna High Court CR. MISC. No.27571 of 2019(3) dt.30-07-2019 2/3 petitioner is quite innocent and has been falsely implicated in this case merely because she happens to be mother of unnamed accused Manjit Ram. She has no concern with the aforesaid occurrence. The victim in her statement recorded under Section 164 Cr.P.C. has candidly stated that she had suo motu out of her sweet will left with the Manjit Ram to Bengluru and she has performed marriage with him in Siwan and she wants to go with her husband Manjit Ram. On medical examination, the doctor has found her age to be 19-20 years and finding the victim major the learned lower Court has directed the I.O. to drop the victim at the place of her wishes. Petitioner has no criminal antecedent and she happens to be lady.

Learned APP for the State opposed the bail petition.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate,-XIII Siwan

Patna High Court CR. MISC. No.27571 of 2019(3) dt.30-07-2019 3/3 in connection with Jamo Bazar P.S. Case No.167 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) Trivedi/- U T