Sudha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55618 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- SABAUR District- Bhagalpur ====================================================== Sudha Devi aged about 45 years (female), wife of Janardan Paswan, resident of village- Chandheri, P.S.- Sabour, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Davendra Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends her arrest in connection with Sabour P.S. Case No. 64 of 2019 registered under section 366 of the I.P.C.

The allegation against the petitioner, as per the first information report, is that marriage of informant was solemnized with Akriti Kumari in the year 2015. On 01.03.2019 at about 9 A.M, one Vishwjeet Kumar Paswan with the help of Sudha Devi i.e. the petitioner kidnapped the wife of the informant with bad intention.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as the kidnapped lady has been recovered and her statement under Section 164 of Cr.P.C has been recorded by the

Patna High Court CR. MISC. No.55618 of 2019(2) dt.04-09-2019 2/2 learned Magistrate and relying upon Annexure-2, which is the statement of the victim lady, learned counsel submits that in her statement the victim has categorically stated that she on her own will had fled away from her sasural with one Vishwjeet, with whom she has performed marriage in a temple. Learned counsel further submits that nothing adverse has been alleged by the victim against the petitioner.

After having heard learned counsel for the parties and taking into consideration the fact that the victim lady has been recovered and has not stated anything against the petitioner, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No. 64 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) Anjula/- U