Anuradha Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44802 of 2016 Arising Out of PS.Case No. -199 Year- 2016 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Anuradha Sah W/o Mahesh Sah R/O Village- Majhouli, P.S. - Bidupur, District- Vaishali at Hajipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Tiwary For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends her arrest in connection with Bidupur Police Station Case No. 199 of 2016 registered for the offences punishable under Sections 376, 420 and 120B of the Indian Penal Code.

The accusation against the petitioner is that she took Rs.3 lacs from the informant on the assurance that marriage of the informant would be solemnized with one Ravi Kumar and, subsequently, the petitioner forced the informant to establish physical relation with aforesaid Ravi Kumar. It is also alleged that petitioner along with her husband took the informant to Punjab and made attempt to sell her.

Submission on behalf of the petitioner is that much prior to the institution of the present case, petitioner had filed

Patna High Court Cr.Misc. No.44802 of 2016 (2) dt.06-12-2016 2/2 complaint case bearing Complaint Case No.1615 of 2016 against the family members of the informant and in retaliation to that complaint case, the present case has been lodged by the informant. It is further submitted that the husband of the petitioner is working in defence service and he has already written letter to his Higher Authorities regarding harassment meted out to his family members at the hands of the family members of the informant. Moreover, the husband of the petitioner has already been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 4.10.2016 passed in Cr. Misc. No.42216 of 2016.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of her arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 Chief Judicial Magistrate, Vaishali at Hajipur in Bidupur Police Station Case no. 199 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U T