Manju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46560 of 2019 Arising Out of PS. Case No.-45 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== MANJU DEVI W/o Kamal Sahni @ Kamal Kishore Sahni S/o Late Jageshwar Sahni, R/o village- Nonpur, P.S.- Teghra, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Sumiran Rai For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-07-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Teghra Police Station Case No. 45 of 2019, disclosing offences under Sections 366-A/341/504/34 of the Indian Penal Code.
The allegation against the petitioner is that the son of the petitioner has allegedly kidnapped the minor daughter of the informant, who is co-villager, and when the informant went to make the complaint to his parents, the parents of co-accused Nitish Kumar assaulted and abused the informant. Learned Counsel for the petitioner submits that the petitioner is the mother of the boy, who has allegedly kidnapped the minor daughter of the informant. He further submits that
Patna High Court CR. MISC. No.46560 of 2019(2) dt.29-07-2019 2/3 both the parties reside in the same village and there is love affairs between the son of the petitioner and the daughter of the informant and they have left their house out of their own sweet will for the purpose of marriage.
After having heard learned Counsel for the parties and taking into consideration the fact that there is no specific allegation against the petitioner of kidnapping the daughter of the informant and the only allegation is that the petitioner abused the informant when the informant had gone to make a complaint regarding his son's involvement in the kidnapping of his daughter, I am inclined to grant the petitioner privilege of anticipatory bail. Accordingly, this application is allowed. Let the petitioner, Manju Devi, in the event of her arrest or surrender before the Court below within four weeks, 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 Chief Judicial Magistrate, Begusarai, in connection with Teghra Police Station Case No. 45 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as
Patna High Court CR. MISC. No.46560 of 2019(2) dt.29-07-2019 3/3 and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √