Sarojna Devi @ Saroja Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53596 of 2019 Arising Out of PS. Case No.-33 Year-2017 Thana- BANSHI District- Jehanabad ====================================================== SAROJNA DEVI @ SAROJA DEVI W/O- Sanjay Das Resident of VillageSonebhadra P.S.- Banshi, District- Arwal. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar No1 For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-08-2019 Heard both sides.
The petitioner apprehends her arrest in Banshi P.S. Case No.33 of 2017 registered under Sections 366, 366(A), 368 and 34 of the Indian Penal Code.
The informant alleged that Guddu Kumar kidnapped his minor daughter for the purpose of marriage and mother of Guddu Kumar also assisted him in kidnapping his daughter. The learned counsel for the petitioner submits that petitioner is mother of Guddu Kumar. Victim appeared and made her statement under Section 164 Cr.P.C. The victim denied the factum of her kidnapping. She disclosed that she voluntarily left her house and went along with Guddu Kumar and solemnised marriage with him but it appears from the order of the learned Sessions Judge that petitioner has already been
Patna High Court CR. MISC. No.53596 of 2019(2) dt.27-08-2019 2/2 declared absconder after issuance of process under Sections 82 and 83 of Cr.P.C. and chargesheet has already been submitted showing the petitioner absconder.
Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
If the petitioner surrenders in the court below, learned court below shall consider the prayer for regular bail of the petitioner taking into consideration the fact that victim herself denied the factum of her kidnapping and dispose of the bail petition of the petitioner preferably on the same day. (Prabhat Kumar Jha, J) Saurabh/- U T