Mina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39286 of 2019 Arising Out of P.S. Case No.-41 Year-2019 Thana- KISHUNPUR District- Supaul ====================================================== MINA DEVI, aged about 21 years, Female, Wife of Nirmal Yadav Resident of Village- Gangsayar, Police Station- Pratapganj, District- Supaul. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Arun, Advocate For the Opposite Party :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in connection with Kishanpur P.S.Case No.41 of 2019 registered for the offence punishable under Sections 366A/34 of the Indian Penal Code.

From perusal of the FIR, it appears that the informant's daughter went to see marriage in the house of his co-villager Pulkit Yadav and when she did not return till late night, thereafter the informant started searching his daughter and during course of search, he came to know that the petitioner and some other unknown persons abducted his 14 years old minor daughter.

It is submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.39286 of 2019(4) dt.11-09-2019 2/2 petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that the alleged occurrence had taken place on 15.02.2019 and the FIR has been lodged on 23.02.2019 without any explanation. Moreover, there is no eye witness to the alleged occurrence and petitioner has been made accused on mere suspicion. Petitioner has got clean antecedent. Considering the facts aforesaid, let the petitioner above named, in the event of her arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul/successor Court in connection with Kishanpur P.S.Case No.41 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.

B.Kr./- (Prabhat Kumar Singh, J) U T