Patna High CourtCR. MISC./57925/2015disposed

Durga Devi v. The State Of Bihar

2016-01-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57925 of 2015 Arising Out of PS.Case No. -55 Year- 2015 Thana -MANSURCHAK District- BEGUSARAI ======================================================

1. Durga Devi W/o Ram Pravesh Paswan Resident of Village- Aihayapur, P.s Mansoorchak, District Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Manoj Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-01-2016 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 363, 365, 366 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 22.08.2015 the First Information Report was registered on 01.09.2015. In 164 Cr.P.C. statement the victim got her age recorded 19 years, the Court also assessed her aged 18 years. She has also stated that she was being kidnapped by Dharmendra Paswan, Manish Kumar and this petitioner. From perusal of 164 Cr.P.C. statement it is not appear that the victim was kidnapped.

Patna High Court Cr.Misc. No.57925 of 2015 (2) dt.04-01-2016 Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the delayed lodging of the case and statement of the victim in 164 Cr.P.C., let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Mansoorchak P.S. Case No. 55 of 2015, pending in the court of learned Additional Chief Judicial Magistrate-II, Begusarai. With the above observation this application is disposed of.

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