Pallavi Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37708 of 2019 Arising Out of PS. Case No.-260 Year-2015 Thana- BHAWANIPUR District- Purnia ====================================================== Pallavi Kumari D/o Jawahar Bhagat Resident of Village - Bhawanipur, P.S.- Bhawanipur, Dist.- Punea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Bhawanipur P.S. Case No.260 of 2015, registered for the offence punishable under Sections 363 and 366 (A) of the Indian Penal Code.

As per the FIR, the daughter of the informant, namely, Raj Kumari, had gone to attend the marriage function. While the function was going on, in the meantime, the present petitioner took the victim Raj Kumari to her house and she gave a phone call, whereupon two young persons came and took away the victim girl. The name of the petitioner has transpired during trial and the trial court has issued summon for trial against the petitioner under Section 319 Cr. P.C. as some of the witnesses has taken the name of the petitioner. Counsel for the petitioner submits that the victim

Patna High Court CR. MISC. No.37708 of 2019(3) dt.22-07-2019 2/2 girl had gone with the accused person on her own volition and she remained in Delhi. The police did not find any thing against the petitioner but during trial some of the witnesses has taken the name of the petitioner and on that account the trial court has issued summon against the petitioner.

Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory bail in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the 5th Additional Sessions Judge, Purnea in connection with Bhawanipur P.S. Case No. 260 of 2015, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that the petitioner must participate in the court proceeding on each and every date and in failure to do so without reasonable explanation, the court below will be at liberty to cancell her bail bonds.

(Shivaji Pandey, J) V.K.Pandey/- U T