Nitu Kumari v. The State Of Bihar
Patna High Court Cr.Misc. No.26348 of 2015 (3) dt.23-09-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26348 of 2015 Arising Out of PS.Case No. -162 Year- 2014 Thana -BANMANKHI District- PURNIA ====================================================== Nitu Kumari, D/o Sri Rudal Paswan, Resident of Village- Bishanpu Datt, P.S. Banmankhi, District- Purnia.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ravindra Kumar For the Opposite Party : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending her arrest in a case instituted under Sections 364, 365 and 368/34 of the Indian Penal Code.
It is alleged by the informant that the son of the informant on call by this petitioner over mobile visited at her place and since then he became traceless. In course of search the witnesses disclosed the name of co-accused Ranjan Kumar and Raj Kumasr, who were seen assaulting the son of the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is a lady of a tender age. There is no direct or indirect evidence against the petitioner. There is no eye witness to the occurrence nor there
Patna High Court Cr.Misc. No.26348 of 2015 (3) dt.23-09-2015 is any substantial evidence to suggest the implication of the petitioner in the present case, merely on the basis of a suspicion she has been implicated in the present case.
It has been submitted on behalf of the State that the petitioner is not named in the accused column of the FIR and she has been made accused in course of investigation. Considering the aforesaid facts, let the above named petitioner, in the event of her arrest or surrender in the court below within a period of 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 CJM, Purnia in connection with Banmankhi P.S.Case No.162 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sudhir Singh, J) B.Kr./- U T