Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35065 of 2017 Arising Out of PS.Case No. -310 Year- 2012 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sita Devi, wife of Ram Swaroop Paswan, Resident of Village - Turkauliya Nimuiya Tola, P.S. - Turkauliya, District - East Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Madhurendra Kumar, Advocate For the Opposite Party : Mr. Satya Nand Shukla (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends her arrest in connection with Turkauliya P.S. Case No. 310 of 2012, registered for the offences punishable under Sections 363, 372, 366, 379, 504/34 of the Indian Penal Code.

In the First Information Report, there is allegation against the petitioner and others to have kidnapped the wife of the informant with cash of Rs. 21,000/- and ornaments worth Rs. 75,000/- with one and half year old son. During course of investigation the I.O. recovered the victim lady from her own house and recorded her statement under Section 164 Cr.P.C. where she named the petitioner.

Submission is of false implication and that the wife

Patna High Court Cr.Misc. No.35065 of 2017 (3) dt.17-10-2017 2/2 of the informant was never abducted by any person rather she was kept in concealment by the informant only with a view to bring a false case. In existence the wife of the informant gave birth of four children after the abduction i.e. three daughters and one son and all are living in the house of the informant, during investigation, it has come vide para 50 of the case diary. The petitioner is a lady and she has been falsely implicated and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that during investigation another story has emerged vide para 50 of the case diary.

In the facts and circumstances as stated above, the petitioner in the event of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran, in connection with Turkauliya P.S. Case No. 310 of 2012, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T