Baby Devi @ Priyanka Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73714 of 2018 Arising Out of PS. Case No.-124 Year-2017 Thana- RAJAPAKAR District- Vaishali ====================================================== Baby Devi @ Priyanka Kumari, Wife of Pramod Rai, Resident of VillageKarhani, P.S. Mahua, District Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 365/34 of the Indian Penal Code.

The prosecution case is that the petitioner and her husband Pramod Rai took the son of the informant, Mukesh Kumar on assurance to get him employed in Haryana, in November, 2016, but till date the son of the informant has not returned. It is submitted by learned counsel for the petitioner that the petitioner is agnate of the informant and the son of the

Patna High Court Cr.Misc. No.73714 of 2018(2) dt.09-01-2019 2/3 informant who was major has gone out of the house on his own. There is nothing on record to suggest that the son of the informant went with the petitioner. Moreover, similarly situated persons, the husband of the petitioner, Pramod Rai and other coaccused have been granted anticipatory bail by Lower Court vide order dated 07.09.2018 by learned Addl. District and Sessions Judge-III, Vaishali at Hajipur in A.B.P. No.1676 of 2018, as contained in Annexure-2. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the accusation is specific against the petitioner. Considering the fact that the petitioner is a lady and similarly situated co-accused persons particularly the husband of the petitioner have been granted anticipatory bail, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VII,

Patna High Court Cr.Misc. No.73714 of 2018(2) dt.09-01-2019 3/3 Vaishali at Hajipur, in connection with Rajapakar (Baranti O.P.) P.S. Case No.124 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Deepak/Ajeet/- U T