← Library
Patna High CourtCR. MISC./51013/2019allowed

Shankari Devi v. The State Of Bihar

2019-11-16Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51013 of 2019 Arising Out of PS. Case No.-55 Year-2018 Thana- BHADAUR District- Patna ====================================================== SHANKARI DEVI Daughter of Shree Singh Resident of Village - Kalaunda, P.S.- Akbarpur, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Prasad Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 364/34 of the Indian Penal Code.

Prosecution case as lodged by the informant is that his sister was married with the co-accused Bam Shankar Singh in the year 2000 and she gave birth of three children with the bedlock of her husband who are presently of 12, 10 and 8 years respectively and his sister was living happily at her sasural and takes care of her children and family members, whereas her husband used to live at Surat for his livelihood. It is further

Patna High Court CR. MISC. No.51013 of 2019(4) dt.16-11-2019 2/3 alleged that on 08.07.2018 while the whole family was at his home village and husband of victim proceeded for Surat also took his wife with him by train and on same day informed on his mobile that his sister came down from train at any where in the way and thus asked him to search on which made search but she did not trace out. It is further alleged that the husband of the victim has illicit relation with on Shankari Devi and thus has apprehended about abduction of his sister with conspiracy of that Shankari Devi (petitioner).

Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

In the facts and circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Barh in connection with Bhadaur Police Station Case No. 55 of 2018, subject to the conditions as

Patna High Court CR. MISC. No.51013 of 2019(4) dt.16-11-2019 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T