Baso Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39285 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- BIRAUL District- Darbhanga ====================================================== BASO DEVI, aged about 42 years (Female), Wife of Lalit Tanti, Resident of Village - Pataniya, P.S.- Biraul, Dist.- Darbhanga. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ashok Kumar Prasad, Advocate.

For the Opposite Party :

Mr.Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 03.04.2019 in a case for the offence registered under Sections 366(A) and 120(B) of the IPC.

The prosecution story, in brief, is that on 01.04.2019 at 9.00 A.M. in the morning he and his wife went for work outside their house and when they found that their daughter Khushbu Kumari was not present in the house and on enquiry, he got information that for the purpose of compromise in previous Case No. 122/2018, co-accused Lalit Tanti and his wife Baso Devi (kidnapped) his daughter for purpose of marriage

Patna High Court CR. MISC. No.39285 of 2019(2) dt.27-06-2019 2/3 with their son Rama Tanti @ Ramo Tanti.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is a lady. Prior to institution of the present case, a case bearing Biroul P.S. Case No. 122 of 2018 was also filed by the informant of this case for offence under Section 376 and other allied Sections of the IPC against the son, husband and father-in-law of this petitioner. In the said case, it was alleged that the son of this petitioner had established physical relationship with the victim on the pretext of marriage and later on he refused to marry the victim. In the said case, the petitioner was not made accused. After a period of approximately one year, the present case has been instituted only with an intention to malign the petitioner and his family members.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned A.C.J.M.

Patna High Court CR. MISC. No.39285 of 2019(2) dt.27-06-2019 3/3 Benipur, Darbhanga, in connection with Biraul P.S. Case No. 80/2019, G.R. No. 220/2019.

(Sudhir Singh, J) U.K./- U T