Lakhapato Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36365 of 2015 Arising Out of PS.Case No. -309 Year- 2014 Thana -PIRO District- BHOJPUR ======================================================

1. Lakhapato Devi W/o Sukhadeo Singh resident of Village Lakhan tola P.S. Piro District Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh No.-5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-09-2015 Heard learned counsel for the petitioner, informant and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 366A, 376 of the Indian Penal Code.

Accusation is of abducting the daughter of the informant. In 164 Cr.P.C. statement, the victim has stated that she was kidnapped by Mukesh Kumar, Upendra Kumar, Pawan Kumar and Gautam Kumar and they took her to Gujrat, where Mukesh Kumar ravished her. It is also alleged that this petitioner and Sukhdeo Singh gave her mobile to talk to Mukesh Kumar.

It is submitted by the learned counsel for the petitioner that thrust of accusation is against Mukesh Kumar and his three associates. The petitioner happens to be Aunt of

Patna High Court Cr.Misc. No.36365 of 2015 (2) dt.08-09-2015 the victim girl, hence she has been roped in the present case. It is submitted by the learned counsel for the informant that victim in 164 Cr.P.C. statement has named the petitioner also.

Considering the accusation of kidnapping being specific against Mukesh Kumar and three others, when accusation of ravishing the victim is against Mukesh Kumar, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Ara in connection with Piro P.S. Case No. 309 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T