Patna High CourtCR. MISC./38452/2016bail granted

Mando Devi v. The State Of Bihar

2017-02-06Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.38452 of 2016 (3) dt.06-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38452 of 2016 Arising Out of PS.Case No. -213 Year- 2014 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Mando Devi, wife of Shobhnand Yadav @ Subhash Yadav @ Shobha Yadav, resident of village Baghwa, P.S.Mahisi (Jalai O.P), District Darbhanga, daughter of Ram Bali Yadav @ Ram Ballabh Yadav, resident of Village Shripur, Gobrahi, P.S. Kusheshwar Asthan, District Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sameer Ranjan, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the alleged offences under Sections 363, 366, 366(A) and 120B of the Indian Penal Code registered in connection with Kusheshwar Asthan P.S. Case No. 213 of 2014.

3. It is submitted that the petitioner has been falsely implicated merely she happens to be the wife of co-accused Shobhanand Yadav @ Subhas Yadav @ Shobha Yadav. Even in the deposition under Section 164 of the Code of Criminal Procedure of the victim girl, it has only been said that the petitioner along with one Gangia Devi were talking to her. The said Gangia Devi has since been granted anticipatory bail by this Court in Cr. Misc. No. 54650

Patna High Court Cr.Misc. No.38452 of 2016 (3) dt.06-02-2017 of 2016. The petitioner is similarly situated with Gangia Devi, who claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order of this Court dated 17.09.2016 in connection with Kusheshwar Asthan P.S. Case No. 213 of 2014 pending in the Court of learned A.C.J.M., Beraul, Darbhanga is hereby confirmed subject to the conditions as laid down in the aforesaid order dated 17.09.2016.

(Vikash Jain, J) Chandran/Ibrar U T