Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53203 of 2018 Arising Out of PS.Case No. -34 Year- 2017 Thana -WAJIRGANJ District- GAYA ====================================================== Poonam Devi wife of Ramesh Kumar @ Ramesh Singh Resident of Village - Sadipur, Kaithi, Islampur, P.S. - Konch, District - Gaya. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

08-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Wazirganj P.S. Case No. 34 of 2017 registered under Sections 366(A) of the Indian Penal Code. Learned counsel for the petitioner submits that so far as this petitioner is concerned she happens to be the unfortunate wife of one Ramesh Kumar against whom allegation is that he had taken away the victim girl of the informant. Learned counsel further points out that admittedly the petitioner happens to be the cousin sister of one Lali Devi who is the maternal aunt (Mami) of the niece of the present informant. Learned counsel submits that from the written complaint it will appear that the only allegation against the petitioner is that she had given a telephone call to the informant at 10.00 P.M. and had threatened the informant that she would destroy the full family. Learned counsel submits that so far as this petitioner is concerned she has not been attributed any role

Patna High Court Cr.Misc. No.53203 of 2018 (2) dt.08-10-2018 in taking away of the victim girl and she being a wife of Ramesh Kumar would not have indulged in such activity. Learned Additional Public Prosecutor for the State is present and has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein it is submitted that there is no allegation that this petitioner had participated in taking away of the victim girl and she happened to be the wife of the named accused Ramesh Kumar and could not have participated in such occurrence against her own interest, in the event of her arrest/surrender before the court below within four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Gaya, in connection with Wazirganj P.S. Case No. 34 of 2017, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Rajeev/- U T