Kalmukhi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51977 of 2019 Arising Out of PS. Case No.-241 Year-2019 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== KALMUKHI DEVI, aged about 50 years, Female, Wife of Ram Kumar Rai, Resident of Village-Ballochak, P.S.-Dalsinghsarai, District-Samastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ram Prawesh Kumar, Advocate.

For the Opposite Party :

Mrs. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 29.05.2019 in a case for the offence registered under Sections 363 and 364 of the I.P.C.

The prosecution story, in brief, is that on 21.05.2019 at about 7.44 P.M. while the informant was going to his house on a Motorcycle with his daughter Rupa Kumari, aged about 14 years, who was studying in Gurukul School at Samastipur, in course of it, in the way to Bhiri Tola, 8-10 culprits intercepted him and started assaulting him, out of which, one culprit on the point of gun, forcibly took his daughter on a white colour car. It is further alleged that when the informant tried to rescue his

Patna High Court CR. MISC. No.51977 of 2019(2) dt.21-08-2019 2/3 daughter, one of the culprit attacked on his mouth with butt of gun causing fracture his mouth and fell down on the ground thereafter, 2-3 culprits took cash Rs. 1200/-, driving license, important documents and key of motorcycle and fled away giving threatening to manage money.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come on the basis of confessional statement of coaccused Vijay Kumar and Sujeet Kumar. The victim has already been recovered. Her statement under Section 164 Cr. P.C. has been recorded vide Annexure-2 to the present application. No allegation of sexual assault has been alleged against this petitioner by the victim.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional

Patna High Court CR. MISC. No.51977 of 2019(2) dt.21-08-2019 3/3 Chief Judicial Magistrate, Samastipur, in connection with Muffasil P.S. Case No. 241 of 2019.

(Sudhir Singh, J) U.K./- U T