Kumkum Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19434 of 2016 Arising Out of PS.Case No. -168 Year- 2015 Thana -KHUSRUPUR DistrictPATNA =====================================

1. Kumkum Devi, W/o Kirani Prasad, Resident of MohallaArya Samaj Gali, Khusrupur, P.S.-Khusrupur, District-Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Adv. For the Opposite Party/s : Mr. Rana Randhir Singh (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Khusrupur P.S. Case No.168 of 2015, disclosing offences under Sections 363 and 366(A) of the Indian Penal Code.

Learned counsel, appearing on behalf of the petitioner, has straightway taken me to an order, dated 12.02.2016, passed in Cr. Misc. No.4912 of 2016, whereby, co-accused, namely, Anand Kumar, has been

Patna High Court Cr.Misc. No.19434 of 2016 (2) dt.19-05-2016 2/3 granted regular bail.

According to the prosecution case, said Anand Kumar, and the present petitioner were instrumental in kidnapping of informant's daughter for the purpose of marriage.

Learned counsel for the petitioner has submitted that as a matter of fact, co-accused, Anand Kumar and the victim got married and after the victim came under the control of her parents, she narrated entirely a different version in her statement, recorded under Section 164 of the Code of Criminal Procedure. Considering the submission that co-accused, Anand Kumar, has granted regular bail, this application is allowed. Let the petitioner, abovenamed, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna City, in connection with Khushrupur P.S. Case No.168 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as

Patna High Court Cr.Misc. No.19434 of 2016 (2) dt.19-05-2016 3/3 the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T