Kesari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69151 of 2018 Arising Out of PS. Case No.-58 Year-2018 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== Kesari Devi W/o Sivan Das resident of Village- Madhkaul, P.S. Belsand, District Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha For the Opposite Party/s :

Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-12-2018 The petitioner seeks bail in anticipation of her arrest in connection with Tariyani Chhapra P.S. Case No. 58 of 2018 dated 16.07.2018 instituted for the offences under Sections 363, 366(A) of the Indian Penal Code. The aunt of the victim girl has alleged that the victim was abducted for the purposes of marrying her to one Chandan Das.

The petitioner is mother of aforesaid Chandan Das. The victim has given her 164 Cr.P.C statement in which she has stated that though she was kidnapped by Chandan Das and his associates and was brought to Chandan Das's house where his parents were also available but she was not put to any sexual assault. In fact, Chandan

Patna High Court Cr.Misc. No.69151 of 2018(2) dt.18-12-2018 2/2 Das only asked her to marry him which she refused. Thereafter, she was brought home by the Police. The learned counsel for the petitioner has submitted that petitioner has played no role in the entire act and only because she is the mother of aforesaid Chandan Das, she has been made accused in this case.

Considering the age and gender of the petitioner and the accusation against her, the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, is directed to be released on bail on her furnishing bail bonds of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sheohar in connection with Tariyani Chhapra P.S. Case No. 58 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Shageer/- U T