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Patna High CourtCR. MISC./37299/2017bail granted

Dukhia Devi v. The State Of Bihar

2017-12-12Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37299 of 2017 Arising Out of PS.Case No. -83 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dukhia Devi, Wife of Sona Lal Sah @ Bagar Sah, Resident of Village- Jain Baswaria, P.S.- Ghoasahan, District- East Champaran. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mukul Prasad For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Ghorasahan P.S. Case no. 83 of 2017, registered under Sections 363 and 366 of the Indian Penal Code.

The accusation is that informant Raghuni Bhagat had gone to Ghorasahan with his grand daughter Rima Kumari, who was mentally ill for 'Jhar Fuk' and stayed at the house of Sonalal Sah. In the night his grand daughter slept with wife of Sonalal Sah, but in the morning she was not found in the house and on enquiry, wife of Sonalal did not give any reply. Thereafter, informant came to his house after sometimes, wife of Sonalal Sah gave information to the informant to come with cash of Rs. 10,000/- then informant reached there on which wife of Sonalal Sah asked to give the money, but he

Patna High Court Cr.Misc. No.37299 of 2017 (4) dt.12-12-2017 2/2 did not pay money saying that first he managed to show her granddaughter, but wife of Sonalal Sah did not take any heed. The informant raised suspicion about kidnapping of her mental retired granddaughter by Sonalal Sah, Muna Ram and Sukhlal Rai. Learned counsel for the petitioner submits that, in fact, father of the informant had gone along with her mental retired granddaughter for Jhar Fuk in the village of the petitioner and saied in the house, but in the night his granddaughter left the hosue without any information, but later on mere on suspicion informant lodged this case.

Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Sikarahana (Dhaka), East Champaran in connection with Ghorasahan P.S. Case No. 83 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.