Subhawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75668 of 2018 Arising Out of PS. Case No.-60 Year-2018 Thana- HATHUA District- Gopalganj ====================================================== Subhawati Devi, W/o Sri Baban Thakur, Resident of Village- Repura, P.S.- Hathua, District- Gopalganj.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Pratap Singh, Advocate.

For the Opposite Party/s :

Ms. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Hathua P.S. Case No.60 of 2018 registered under Sections 363 and 366-A of the Indian Penal Code.

The accusation is that in the evening of 15.04.2018, this petitioner along with her daughter, namely, Sarita Kumari, came at the house of the informant Sheela Devi and accompanied her daughter, namely, Riti Kumari, to attend the Tilak Ceremony but, thereafter, the daughter of the informant did not return. When the informant went at the house of the petitioner, the petitioner along with her family members was present at the house and, on query made by the informant, they disclosed that Bhuteli Thakur, another son of the petitioner, loves to her daughter and will perform the

Patna High Court Cr.Misc. No.75668 of 2018(3) dt.05-02-2019 2/2 marriage with her. On making protest by the informant, she was asked to move from the house.

Learned counsel for the petitioner submits that, in fact, the petitioner is the mother of Bhuteli Thakur, who left the village with the daughter of the informant and, later on, the daughter of the informant returned to her house. The petitioner being the mother of Bhuteli Thakur has falsely been implicated in this case. Moreover, Bhuteli Thakur, son of the petitioner, is already in custody. The petitioner, who is lady, has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Niraj Kumar Pandey, Judicial Magistrate, First Class, Gopalganj at Gopalganj, in connection with Hathua (Gopalganj) P.S. Case No.60 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T