Rakhi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.384 of 2019 Arising Out of PS. Case No.-116 Year-2018 Thana- KORANSARAI District- Buxar ====================================================== Rakhi Devi W/o Harendra Pandey, Resident of Village-Harnichath, P.S.- Koransarai, District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Roy, Adv For the Opposite Party/s :

Mr.Sri Ganesh Prasad Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 363 and 366(A)of the Indian Penal Code.

Allegation is of kidnapping of the daughter of the informant.

Learned counsel for the petitioner submits that the matter is of love affairs between the daughter of the informant and co-accused-Mantu Kumar Pandey. Both entered into marriage which would be evident from the affidavit at Annexure-2. The Medical Board has assessed the age of the victim between 18-19 years. The victim has alleged her

Patna High Court Cr.Misc. No.384 of 2019(2) dt.28-01-2019 2/2 kidnapping at the instance of the petitioner in her statement under Section 164 Cr.P.C. However, the statement would make it clear that she resiled from the marriage only when she came to know that Mantu Kumar Pandey was already a married person. Learned counsel for the informant opposed the prayer for anticipatory bail.

Considering the entire facts especially the fact that the petitioner is a female, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Koransarai P.S.Case No.116 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T