Niku Devi @ Anupama Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23015 of 2016 Arising Out of PS.Case No. -424 Year- 2013 Thana -KATIHAR District- KATIHAR ====================================================== Niku Devi @ Anupama Kumari wife of Ranjeet Roy .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the Opposite Party/s : Mr. B.Ram(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 364, 201 and 34 of the Indian Penal Code.

Prosecution case is that the minor daughter of the informant namely, Puja Kumari, was taken by this petitioner to Delhi with assurance to provide education and other facilities in lieu thereof the daughter of the informant was to look after the minor child of the petitioner but the daughter of the informant

Patna High Court Cr.Misc. No.23015 of 2016 (2) dt.23-05-2016 2/3 did not return, hence, the informant had apprehension that her daughter was sold out.

It is submitted by learned counsel for the petitioner that as per own admission of the informant, her daughter was taken to Delhi for providing education and other facilities. In 164 Cr. P. C. statement the victim girl has stated that due to excessive work being taken from her and being assaulted she herself ran away from the house of the petitioner and reached to Chandani Chowk from where the police took her to child care home. It is further submitted that due to some wage dispute between the maternal-grand-mother and the informant the present accusation has been levelled and even assuming the accusation levelled in the FIR along with 164 Cr.P.C. statement of the victim girl no offence under section 364 IPC is made out. Considering the nature of accusation, 164 Cr. P.C.

statement of the victim girl and the petitioner being lady, it is a case for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioner and preferably dispose of the same on the same day, if the petitioner surrenders within a period of six weeks in connection with Katihar Town (Sahayak) P.S.

Patna High Court Cr.Misc. No.23015 of 2016 (2) dt.23-05-2016 3/3 No.424/2013, pending before the learned CJM, Katihar. With the above observation, this application is, accordingly, disposed off.

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