Chanchala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48185 of 2019 Arising Out of PS. Case No.-46 Year-2001 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== CHANCHALA DEVI Wife of Sharmanand Sharma Resident of Village - Metra (Tola), Bijlipur, P.S.- Ghosi, Distt - Jehanabad. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR Bihar 2.
Kamla Singh Son of Late Baldeo Singh Resident of Village - Sihti, P.S.- Kako, Distt - Jehanabad.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jharkhandi Upadhyay For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and the State. The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offence punishable under Section 365 of the Indian Penal Code.
The prosecution case is that the petitioner and her husband, Sharmanand Sharma, being the daughter and son-inlaw of the complainant, got her minor daughter Priyanka Kumari married forcefully.
It is submitted by learned counsel for the petitioner that the daughter of the complainant got married of her own now she has children also. Moreover, the victim has not made
Patna High Court CR. MISC. No.48185 of 2019(24) dt.02-08-2019 2/2 any complaint to that effect.
This Court is not inclined to enlarge the petitioner on bail only because the complaint was filed in 2001, but keeping in view of nature of accusation and the fact that the victim has not made any complaint moreover her statement is also not on record, it is a case for consideration of prayer for regular bail by the learned Court below.
Let the learned Court below consider the prayer for regular bail of the petitioner and preferably disposed of the same on the same day, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No.46 of 2001, pending before the learned CJM, Jehanabad. With the above observation, this application is, accordingly, disposed of.
(Dinesh Kumar Singh, J) Ashwini/- U T