Nibha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5301 of 2018 Arising Out of PS.Case No. -50 Year- 2017 Thana -MAHESHKHUNT District- KHAGARIA ======================================================

1. Nibha Devi Wife of Shrawan Singh Resident of Village-Patla, Police Station-Maheshkhunt, District Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Maheshkhut (Mahesh Khunt) PS case no. 50 of 2017 registered for the offences punishable under Section 366/34 of Indian Penal Code.

The case of the prosecution is that the daughter of the informant along with her children used to live at the house of the informant and the co-accused persons (except the petitioner herein) used to visit the house of the said lady namely Mamta Devi and when the informant had objected to the same, they had threatened to kidnap the daughter of the informant and thereafter, the daughter of the informant became traceless.

Patna High Court Cr.Misc. No.5301 of 2018 (3) dt.19-02-2018 2/2 The learned counsel for the petitioner submits that though reference is to the other co-accused persons but the petitioner has also been roped in the said occurrence but there is no material to connect the petitioner with the alleged occurrence and at best, the other co-accused persons can be said to be the master mind of the alleged occurrence. The petitioner is said to be having a clean antecedent.

Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Maheshkhut (Maheshkhunt) PS case no. 50 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U