Patna High CourtCR. MISC./43806/2015disposed

Munniya Devi v. The State Of Bihar

2015-11-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43806 of 2015 Arising Out of PS.Case No. -153 Year- 2015 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. Munniya Devi W/o Premchand Ram @ Lala, Resident of villageKhalapatpur, P.S. Buxar (M), District- Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. B.Ram (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and the State.

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

Accusation is of kidnapping the minor daughter of the informant.

It is submitted by the learned counsel for the petitioner that for the occurrence of 23.05.2015 the written Report was filed on 29.05.2015. In 164 Cr.P.C. statement the victim got her age recorded 14 years, the Court also assessed her aged 13 years. In 164 Cr.P.C. statement victim only stated that accused Rishu, Rinki and this petitioner took her from her house and all the three gave some intoxicant in tea and thereafter she got unconsciousness. After some time she found

Patna High Court Cr.Misc. No.43806 of 2015 (2) dt.04-11-2015 herself in the company of a boy, who suggested that he has purchased her on payment of Rs. 70,000/- to Rinku, Rishi and this petitioner.

It is submitted by the learned counsel for the petitioner that case has been lodged after much delay. The inconsistencies in statement of the victim cloud the prosecution case. Moreover, statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Let the learned court below consider the prayer for regular bail of the petitioner, if she surrender before the learned court below within a period of six weeks from today in connection with Buxar (M) P.S. Case No. 153 of 2015, pending in the court of learned Chief Judicial Magistrate, Buxar. With the above observation this application is disposed of.

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