Patna High CourtCR. MISC./1479/2015bail granted

Lalita Devi v. The State Of Bihar

2015-01-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1479 of 2015 Arising Out of PS.Case No. -235 Year- 2013 Thana -PATORI District- SAMASTIPUR ====================================================== Lalita Devi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Asha Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-01-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 366/34 of the Indian Penal Code.

The accusation is of kidnapping the daughter in law of the informant. In 164 Cr.P.C. statement the victim has also named the petitioner who put the victim into the Bolero vehicle. It is submitted by learned counsel for the petitioner that FIR has been lodged with inordinate delay as for the occurrence of 22.7.2013 FIR has been registered on 1.8.2013. There are material inconsistencies between the statement in the FIR and statement under section 164 Cr.P.C. of the victim. More over, the neighbour of the petitioner Bishwanath Pandit lodged C.R. No. 1023 of 2013 against the agnates of the informant and others, as a result, the

Patna High Court Cr.Misc. No.1479 of 2015 (2) dt.14-01-2015 2/2 informant became hostile and named the petitioner in the case. Considering the delayed lodging of the case and the petitioner being lady having no criminal antecedent as stated in paragraph 3 of the petition, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Samastipur in connection with Patory P.S. Case No. 235 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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