Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7303 of 2016 Arising Out of PS.Case No. -119 Year- 2015 Thana -MAUZAHIDPUR District- BHAGALPUR ======================================================

1. Lalita Devi wife of Manoj Gaay resident of village - Amarpur, P.S. - Amarpur, District - Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Jha For the Opposite Party/s : Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2016 Petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.

The prosecution case is that the minor daughter of the informant Rina Kumari went traceless on 06.06.2015. Subsequently the informant came to know that coaccused Brajesh Kumar abducted her for the purposes of marriage. The informant went to Renu Devi being maternal aunt of Brajesh Kumar to enquire when Renu Devi suggested not to lodge any case then the girl would be returned and stated that Brajesh Kumar is residing with this petitioner being his mother.

It is submitted by learned counsel for the petitioner that thrust of accusation is against co-accused

Patna High Court Cr.Misc. No.7303 of 2016 (2) dt.18-02-2016 2/2 Brajesh Kumar and the petitioner has been roped in the present case simply because she happens to be the mother of co-accused Brajesh Kumar. For the occurrence of 06.06.2015 the F.I.R was registered on 19.06.2015. The victim being major has performed marriage with co-accused Brajesh Kumar and a petition to that effect has been filed by the victim girl and the Brajesh Kumar before learned Court below.

Considering the thrust of accusation against co-accused Brajesh Kumar, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Majahidpur (Babarganj) P.S. Case No. 119 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T