Meena Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.14275 of 2016 (3) dt.31-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14275 of 2016 Arising Out of PS.Case No. -53 Year- 2015 Thana -MADHWAPUR District- MADHUBANI ====================================================== Meena Dev,i Wife of Yogendra Sahni resident of village - Piraukhar ( Kaisth @ Kaith Tola ), P.S. Madhwapur, District - Madhubani .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rana Bhupendra Narayan Singh For the Opposite Party : Mr. Nitya Nand Tiwari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 31-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends her arrest in relation to Madhwapur P.S. Case No. 53 of 2015 registered under Section 366(A)/34 of the Indian Penal Code.

It may be noted here that originally a complaint was filed on or about 12.11.2014 inter alia alleging therein that the complainant's younger daughter aged about 14 years had been taken away by the petitioners and others for being sold. Later on, it was found that she was kept at Nagpur, from where, she was brought back. From reading of the complaint, it is clear that the complaint was itself lodged over a month, after the girl was recovered. The complaint was sent to the police station under

Patna High Court Cr.Misc. No.14275 of 2016 (3) dt.31-05-2016 section 156(3) of the Cr.P.C. and registered as a police case, thereafter the girl was then produced before the Magistrate for recording her statement under section 164 of Cr.P.C. on 01.12.2015 that is more than a year after the occurrence, wherein she has not complained about any sexual attempts and she has clearly stated that it was petitioner who had took her at Nagpur. Police after investigation has submitted charge sheet only under 364 of the Indian Penal Code.

Be that as it may, in the event of her arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Benipatti, District- Madhubani, in connection with Madhwapur P.S. Case No. 53 of 2015, subject to conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Navaniti Prasad Singh, J.) Rajiv/amit U T