Indu Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.29805 of 2015 (3) dt.13-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29805 of 2015 Arising Out of PS.Case No. -30 Year- 2015 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Indu Devi, wife of Palat Yadav, daughter of Vishwanath Yadav, resident of village- Laukariya, Police Station- Jogapatti, District- West Champaran, Parental village-Murali, Police Station-Chautarwa, DistrictWest Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Aditya Narayan Singh 1(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-10-2015 Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State.

The petitioner is apprehending her arrest in connection with Chautarwa Police Station Case No.30 of 2015 registered for the offences punishable under Sections 366(A) and 120 (B) of the Indian Penal Code.

Learned counsel for the petitioner submits that there is no allegation against the petitioner that she had taken away the victim girl. The victim girl in her statement under Section 164 Cr.P.C. has stated that actually she had not been taken away by said Indu Devi, rather Indu Devi had called Lallan Yadav and Paltu Yadav and thereafter, the said two persons kidnapped her and committed rape upon her.

Patna High Court Cr.Misc. No.29805 of 2015 (3) dt.13-10-2015 Considering the aforementioned facts and the petitioner has no role to play in this case, let the petitioner, above named, in the event of her arrest/surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha, District- West Champaran in connection with Chautarwa P.S. Case No.30 of 2015, subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure. (Anjana Mishra, J) V.P.Sinha/- U