Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38751 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -MAHILA PS DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Gita Devi, Wife of Baidyanath Tiwari, R/o Village- Ruphari, P.S.- Shikarganj, District- East Champaran at Motihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagnnath Singh For the Opposite Party/s : Mr. Surendra Pd.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 342, 370 and 366/34 of the Indian Penal Code.

The prosecution case is that the informant at the age of five got lost while travelling in train with her mother. Co-accused Bina Wife of Ramjiwan Singh took her to her house and brought her up. Subsequently Bina sold her to one Mahesh for Rs.80,000/- then Mahesh got her married with his son Munna though the marriage was not consummated. Subsequently the informant escaped from the house of Mahesh and lodged the present case.

Patna High Court Cr.Misc. No.38751 of 2015 (2) dt.28-09-2015 2/2 The petitioner is not named in the First Information Report. Her name subsequently sprang up during investigation as she also assisted the co-accused in getting her married with Munna.

It is submitted by learned counsel for the petitioner that the thrust of accusation is against Bina, Mahesh and Munna wherein in 164 Cr.P.C. statement also the informant has not named this petitioner.

Considering the fact that the informant has not named this petitioner in 164 Cr.P.C. statement and petitioner being a lady having no criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of her 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 Sub-divisional Judicial Magistrate, East Champaran, Motihari in connection with Mahila P.S. Case No. 21 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T