Lakshmi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25703 of 2018 Arising Out of PS. Case No.-253 Year-2017 Thana- VAISHALI District- Vaishali ====================================================== Lakshmi Devi, W/o Nand Lal Paswan, Resident of Village- Chak Sakur Nawada, P.S.- Vaishali, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arvind Kumar Sinha For the Opposite Party/s :

Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Vaishali P.S. case no. 253 of 2017 instituted for the offence under Section(s) 365, 366 and 366A/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that this petitioner is cousin aunt of the victim girl. The statement of the victim girl has been recorded under Section 164 Cr. P. C. wherein she has levelled specific allegation against co-accused Rupesh Kumar of taking away her to different places and also establishing physical relationship with her. The victim girl, in her statement, has levelled general allegation against this petitioner that this petitioner has closed her mouth while she was sleeping in the house of the petitioner.

Patna High Court Cr.Misc. No.25703 of 2018(3) dt.22-05-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Vaishali P.S. case no. 253 of 2017, she shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate,- IV Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.