Debanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27696 of 2016 Arising Out of PS.Case No. -60 Year- 2011 Thana -CHANDRAMANDI District- JAMUI ====================================================== Debanti Devi, W/o Naresh Sah, Resident of Village- Bharatpur, P.S.- Sono, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 18-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Chandramandih P.S. Case No.60 of 2011 registered under Sections 366(A), 376 and 372 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Jamui. The accusation is of kidnapping the minor daughter of the complainant/informant by the co-accused Naresh Sah with the help of his wife (petitioner).

Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner is the wife of the co-accused Naresh Sah, due to that reason, the petitioner has also been falsely

Patna High Court Cr.Misc. No.27696 of 2016 (4) dt.18-04-2017 2/2 implicated in this case. Further submission is that while the occurrence is said to be of 11.06.2011 but the complainant/informant lodged the Complaint Case No.762C of 2011, which is the basis of the present F.I.R., on 27.06.2011, in the court of the Chief Judicial Magistrate, Jamui, after fifteen days of the occurrence.

Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T