Patna High CourtCR. MISC./42853/2018allowed

Madhu Devi v. State Of Bihar And ANR

2018-09-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42853 of 2018 ======================================================

1. Madhu Devi, W/o Gopal Singh @ Gopal Shukla @ Gopal Prasad, R/o Village- Teus, P.S.- Jayrampur, District- Sheikhpura, at present R/o Mohalla- Digha Ghat Polson, Dinapur cum Khagaul, P.S.- Digha, DistrictPatna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gorelal Singh, S/o Late Ganga Singh, R/o Village- Teus, P.S.- Jayrampur, District- Sheikhpura.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms. Rina Sinha, Adv. For the Opposite Party/s : Mr. Sri Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2018 The petitioner is apprehending her arrest in connection with Complaint Case No. 294C/15, registered for offences punishable under Sections 365 of the Indian Penal Code. Allegation against the petitioner is that she enticed away the brother of the complainant and got a sale-deed executed by him and person is still traceless.

Submission of learned counsel for the petitioner is that the petitioner is the wife of the nephew of the complainant and the persons who has been alleged to be kidnapped by the petitioner, had appeared before the court below and filed a petition that he has executed a sale deed by own and the complaint case is false. Heard learned A.P.P. as well as learned counsel for the

Patna High Court Cr.Misc. No.42853 of 2018 (3) dt.13-09-2018 2/2 informant, they have opposed the prayer for anticipatory bail of the petitioner on the ground that the brother of the complainant has never appeared before the court below and has not filed such petition and the same has been filed by the petitioner and their family members and the person is still traceless. Having heard both sides, in view of the above facts and circumstances as stated above, the provisional bail earlier granted to the petitioner vide order dated 19.07.2018 in connection with Complaint Case No. 294C/15, is confirmed.

Accordingly, this application is allowed.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T