Kailashi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44034 of 2016 Arising Out of PS.Case No. -154 Year- 2016 Thana -DARBHANGA SADAR DistrictDARBHANGA =========================================================== Kailashi Devi, Wife of Laal Babu Yadav, Resident of village- Naina Ghat, P.S.- Sadar Bhalpatti O.P., District- Darbhanga .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Md. Shahnawaz Ali, Advocate. For the Opposite Party/s : Mr. Narsingh TAnti, APP. =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 17-10-2016 Heard learned counsel for the parties.
The petitioner apprehends arrest in connection with Sadar (Bhalpatti O.P.) P.S.Case No. 154 of 2016 dated 08.04.2016 registered under Sections 363/366A of the Indian Penal Code. The allegation against the petitioner is that she, along with other family members, including her son Ravindra Kumar Yadav, had kidnapped the minor daughter of the informant for the purpose of marriage.
Learned counsel for the petitioner submits that it is a case of love affairs and the girl has herself, under Section 164 of the Code of Criminal Procedure, 1973, deposed before the court, where her age has been assessed to be 18 years, that she, on her own volition, had
Patna High Court Cr.Misc. No.44034 of 2016 dt.17-10-2016 2/2 gone with Ravindra Yadav and had also married him at Delhi. It is further submitted that the petitioner has no criminal antecedent and she has been falsely implicated because she is the mother of Ravindra Kumar Yadav.
Learned A.P.P. is not in a position to controvert the aforementioned facts.
Considering the facts and circumstances of the case and submissions of learned counsels for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioner, named above, be released on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Sadar (Bhalpatti O.P.) P.S.Case No. 154 of 2016, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Ahsanuddin Amanullah, J) Sujit/- U T