Tetari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33281 of 2019 Arising Out of PS. Case No.-14 Year-2012 Thana- MIRGANJ District- Gopalganj ====================================================== Tetari Devi, aged about 75 years (Female), W/o Bishwanath Noniya @ Bishnath Mahto. Resident of Village- Mirganj, Pokhra Near Sugar Factory, P.S.- Mirganj, Dist.- Gopalganj, at Present Resident of Ward No.15, Harkhauli, P.s.- Uchkagaon, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Sufyan, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 366A/34 of the Indian Penal Code.

The prosecution case in short is that the accused person forcibly abducted the daughter of the informant for the purpose of marriage.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.02.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner.

Patna High Court CR. MISC. No.33281 of 2019(4) dt.02-09-2019 2/2 It has been further submitted that the date of occurrence is 09.11.2011 but the FIR has been registered on 31.11.2011. The delay in lodging the FIR has not been explained. The victim has got already married with one Bablu and there are two children out of the said wedlock. Other co-accused have been granted bail vide order dated 02.05.2017 passed in Cr. Misc. no. 20606 of 2017 and order dated 15.04.2019 passed in Cr. Misc. No. 10640 of 2019.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail 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 Chief Judicial Magistrate, Gopalganj, in connection with Mirganj P.S. Case No. 14 of 2012.

(Anjani Kumar Sharan, J) amitkumar/- U T