Asharfi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54857 of 2015 Arising Out of PS.Case No. -176 Year- 2015 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================
1. Asharfi Devi wife of Jawahar Singh resident of village Orgain, Police Station Bhagwanpur, District Kaimur (Bhabua) at present village Kashi, Police Station Rampur, District Sonbhadra (U.P.). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jay Prakash Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending her arrest in a case registered for the offences punishable under Section 366A of the Indian Penal Code.
Prosecution case is of kidnapping the minor grand-daughter of the informant Reeta Kumari. It is submitted by the learned counsel for the petitioner that under Section 164 Cr.P.C. statement the victim got her age recorded 16 years, the Court also assessed her aged 15 years. She has also stated that she of her own called Ranvijay and went to Bombay with him, thereafter stayed in the company of Ranvijay, who did not misbehave with him. Though, she was in love with him. It is further submitted that
Patna High Court Cr.Misc. No.54857 of 2015 (3) dt.15-12-2015 victim has not named the petitioner, who happens to be mother of Ranvijay.
Considering the fact that the victim has not named the petitioner in her 164 Cr.P.C. statement, let the above named petitioner be released on bail in the event of her 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur, Bhabhua in connection with Bhabhua (Sonahari) P.S. Case No. 176 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T