Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47569 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -SHIWAPATHI District- MUZAFFARPUR ====================================================== Sita Devi, W/o Amod Rai, Resident of Village- Bhagutia, P.S.- Rajepur, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Pandey, Advocate For the Opposite Party : Mr. Chaubey Jawahar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Siwaipatti P.S. Case No. 26 of 2016, registered for the offences punishable under Sections 366(A)/34, 504 of the Indian Penal Code.

Allegedly, the niece of the informant was kidnapped by Amod Rai and one boy and took away on tempo and when the informant went at the house of Amod Rai the petitioner and others abused him and did not allow to enter into the house. Submission is of false implication and that informant has filed compromise petition also, the statement of the victim girl has been recorded under Section 164 of Cr.P.C. wherein she has

Patna High Court Cr.Misc. No.47569 of 2016 (2) dt.15-12-2016 2/2 not alleged anything against the petitioner regarding her role in kidnapping. All the allegations are against Amod Rai and Ajay @ Sonu and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering that the petitioner has got no role in kidnapping the victim girl and, as such, the petitioner in the event of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order 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 learned Sub-Judge- IX-cumA.C.J.M., Muzaffarpur, in connection with Siwaipatti P.S. Case No. 26 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T