Dharo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38500 of 2019 Arising Out of PS. Case No.-351 Year-2018 Thana- JAMUI District- Jamui ====================================================== DHARO DEVI Wife of Naresh Manjhi Resident of Sangthu, P.S. and DistrictJamui. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Satya Prakash Parasar, Advocate.

For the Opposite Party:

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 366(A), 34 of the Indian Penal Code registered in connection with Jamui (Town) P.S. Case No. 351 of 2018.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion, except which there is no objective material to connect the petitioner with the alleged occurrence. It is submitted that the ingredients of the offence under Section 366A IPC are not attracted in absence of any accusation in the F.I.R. with regard to motive of kidnapping of the informant's daughter said to be of 12 years of age. The petitioner is aged lady of about 55 years claiming clean antecedents.

Patna High Court CR. MISC. No.38500 of 2019(4) dt.16-11-2019 2/2

4. Learned APP appears and submits on the basis of case diary that the victim has not yet been recovered.

5. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 12.07.2019 pending in the Court of CJM, Jamui in connection with Jamui (Town) Case No. 351 of 2018 is hereby confirmed.

(Vikash Jain, J) Ibrar//- U T