Rajaniya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49065 of 2019 Arising Out of PS. Case No.-393 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== RAJANIYA DEVI, aged about 45 years, Male, Wife of Upendra Ram, Resident of Village-Dighara Rampur Sah, Dighara Patti P.S.-Muzaffarpur Sadar, District-Muzaffarpur ... Petitioner

Versus

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

For the Petitioner :

Mr. Ganesh Prasad Singh, Adv.

For the Opposite Party :

Mr. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Muzaffarpur Sadar P.S. Case No. 393 of 2019 for the offences alleged under Sections 363, 366A and 34 of the Indian Penal Code.

The accusation is that at about 10.00 p.m. on 08.06.2019 petitioner, Rajaniya Devi, mother of Suraj Ram, accompanied the minor daughter of the informant at her house and, thereafter, on a conspiracy with Suraj Ram kidnapped her daughter.

Learned counsel appearing for the petitioner submits that in fact due to love affairs daughter of the informant and son of the petitioner left the house and both were caught hold in the village at a Dhaba from where the daughter of the informant was handed over to the informant and son of the petitioner came at his house from where he was apprehended by the police on

Patna High Court CR. MISC. No.49065 of 2019(2) dt.06-08-2019 2/2 same day. The petitioner being the mother of petitioner has falsely been implicated by the informant. Further submission is that daughter of the informant was produced before the Court to record her statement under Section 164 of the Criminal Procedure Code that this petitioner called her at her house. Petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Muzaffarpur Sadar P.S. Case No. 393 of 2019 shall be released on pre-arrest 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 Chief Judicial Magistrate, Muzaffarpur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T