Rajkumari Devi @ Rajkumar Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54555 of 2019 Arising Out of PS. Case No.-180 Year-2019 Thana- LAHERIMUHALLA District- Nalanda ====================================================== RAJKUMARI DEVI @ RAJKUMAR DEVI W/o Mahendra Ram R/o House No.4, Bazar Road, Rajgir, P.S.- Rajgir, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amresh Kumar Sinha For the Opposite Party/s :
Mrs. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 363 and 365 of the IPC.
The prosecution case, as per the written report of Ramwriksh Kumar submitted to the Station House Officer, Laheri Police Station, is to the effect that on 24.04.2019 at about 1 P.M., the niece of the informant, Arti Kumari went outside to bring snacks, but she did not return home. Thereafter, search was made and ultimately FIR was lodged on 28.04.2019, against unknown persons. Subsequently, on 13.05.2019, the victim girl returned back home and thereafter on 15.05.2019, her statement under Section 164 Cr. P.C. was recorded wherein she got her age
Patna High Court CR. MISC. No.54555 of 2019(3) dt.05-03-2020 2/3 recorded as 17 years when the Court also assessed her age as such. The victim further stated that she got friendly with coaccused Manish Kumar, the son of the petitioner and with the assistance of the petitioner, co-accused, Manish Kumar kidnapped her and recorded her obscene video and took her photos and demanded extortion amount of Rs. 20,000/- from the victim girl and in case of non-payment of extortion money, he threatened the victim to get her obscene video made viral. It is submitted by learned counsel for the petitioner that the thrust of accusation is against co-accused Manish Kumar, who is the son of the petitioner. The victim went traceless on 24.04.2019 and after four days, the FIR was lodged on 28.04.2019. It is further submitted that during investigation, it transpired that earlier also, the victim girl had eloped with coaccused Manish Kumar. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP, after going through the case diary, submits that accusation against the petitioner is of facilitating the elopement of the victim girl with the co-accused Manish Kumar and of demanding extortion money from the victim girl by blackmailing her to get her the obscene video viral.
Patna High Court CR. MISC. No.54555 of 2019(3) dt.05-03-2020 3/3 Considering the thrust of accusation being against the son of the informant and delayed lodging of the FIR, coupled with the fact that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif in connection with Laheri P.S. Case No. 180 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T