Rekha Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48679 of 2018 Arising Out of PS. Case No.-273 Year-2018 Thana- BANKA District- Banka ======================================================
1. Rekha Devi, S/o Late Dablu Singh, Resident of Village- Basipur, P.S.- Banka, District- Banka.
2. Sunita Devi, W/o Pramod Singh, Resident of Village- Koriyandha, P.S.- Banka, District- Banka.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363 and 365/34 of the Indian Penal Code.
The prosecution case as per the written report of Dinesh Poddar submitted to the Station House Officer of Banka Police Station is to the effect that on 06.03.2018 at 6.00 A.M., the wife of the informant, Anita Devi was enticed away by petitioner, Rekha Devi, who was assisted by her mother, Sunita Devi, the petitioner and co-accused Photo Devi and Krishna Mohan Jha.
Patna High Court Cr.Misc. No.48679 of 2018(3) dt.19-02-2019 2/3 It is submitted by learned counsel for the petitioners that for the alleged occurrence of 06.03.2018, the FIR was lodged on 16.04.2018 and the victim by her own returned and considering the delayed lodging of the FIR, similarly situated co-accused Krishna Mohan Jha and Mostt. Photo Devi have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 12.12.2018 passed in Cr. Misc. No. 60322 of 2018. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the petitioners are named in the FIR.
Considering the delayed lodging of the case and the petitioners being ladies, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 273
Patna High Court Cr.Misc. No.48679 of 2018(3) dt.19-02-2019 3/3 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T