Patna High CourtCR. MISC./43650/2015dismissed

Khushboo Devi v. The State Of Bihar

2015-12-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43650 of 2015 Arising Out of PS.Case No. -67 Year- 2011 Thana -BIHRA District- SAHARSA ====================================================== Khushboo Devi wife of Sri Dilip Kumar Rai, Resdient of village- Gandol, P.S.- Bihara, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aditya Narayan Singh-1, Adv. For the Opposite Party/s : Ms. Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3.

08-12-2015 Heard both sides.

The petitioner apprehends her arrest in Bihra P.S. Case No. 67/2011, registered for the offences punishable under Section 366A and other sections of the Indian Penal Code. The informant named the petitioner and others and alleged that her daughter was kidnapped for the purpose of murder and for withdrawing case no. 61/2011. The victim made statement under Section 164 of Cr. P.C. and disclosed that she was made captive in Madhepura. The petitioner and Mina Devi were torturing her and keeping her confined in a room. It is submitted that prior to the present case, the victim lodged case no. 61/2011. There is dispute with regard to Panchayat Election and that is why this case has been lodged

Patna High Court Cr.Misc. No.43650 of 2015 (3) dt.08-12-2015 2/2 implicating the entire family members.

Considering the fact that the victim has very categorically stated that she was made captive in Madhepura, the petitioner and Mina Devi had confined her in a room, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders before the court below, the learned court shall consider the prayer for regular bail taking into consideration that similar situated co-accused Mina Devi has already been granted regular bail.

(Prabhat Kumar Jha, J.) Vinita/- U T