Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38139 of 2015 Arising Out of PS.Case No. -63 Year- 2015 Thana - MADHUBAN District- EASTCHAMPARAN(MOTIHARI) ===================================== Manju Devi, Wife of Suman Sah, Resident of village- Meela Bazar, P.S.- Madhuban, District- East Champaran. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner :Mr. Shakil Ahmad Khan, Advocate For the State :Smt.Madhuri Lata, APP For the Informant :Dr. Amrendra Kumar, Advocate ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-02-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned Assistant Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Madhuban PS Case No.63 of 2015 disclosing offences under Sections 363, 366 and 366(A)/34 of the Indian Penal Code.

The petitioner is a lady and maternal aunt of Sunil Kumar, the co-accused, with whom the informant's daughter is said to have eloped. Learned counsel for the petitioner submits that the girl has since been recovered and her statement under Section 164 CrPC has been recorded. He submits that the statement recorded under

Patna High Court Cr.Misc. No.38139 of 2015 (3) dt.03-02-2016 2/2 Section 164 CrPC, falsifies the allegation against the petitioner made in the First Information Report. Learned counsel for the informant has opposed the prayer for bail.

However, in view of the nature of accusation and the facts and circumstances of the case, this application is allowed. It is directed that in the event of her arrest, the petitioner above-named, shall 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 the learned Sub Divisional Judicial Magistrate, Sikrahana at Motihari, in connection with Madhuban PS Case No.63 of 2015, subject to the conditions as laid down under Section 438(2) CrPC.

This is subject to the further condition that the petitioner shall present herself before the police/Court below, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) mrl.

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