Rina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29425 of 2020 Arising Out of PS. Case No.-181 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== RINA DEVI Wife of Bikau Hajara Resident of Village - Hat Saraiya, P.S.- Bairia, District - West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends her arrest in Bairia P.S. Case No. 181 of 2019, registered for the offences punishable under Section 366(A)/34 of the Indian Penal Code. Prosecution case in brief is that co-accused Arjun Hajra with the help of his mother and father kidnapped the sister (minor) of informant. This petitioner happens to be mother of co-accused Arjun Hajra.

It is submitted that petitioner has been falsely implicated in this case, simply because she is mother of coaccused Arjun Hajra. In fact, there is love affair between the victim girl and co-accused Arjun Hajra. The victim girl in her statement under Section 164 Cr.P.C has clearly stated that she

Patna High Court CR. MISC. No.29425 of 2020(3) dt.29-01-2021 2/2 voluntarily left her house and went away with Arjun Hajra and has solemnized marriage with him and are living as husband and wife.

In view of the statement of victim girl under Section 164 Cr.P.C, the petitioner above-named, in the event of her arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Bettiah, West Champaran in connection with Bairia P.S. Case No. 181 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T