Ragni Kumari @ Ragini Kumari v. The State Of Bihar

Patna High Court Cr.Misc. No.33996 of 2017 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33996 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -SONBERSA District- SITAMARHI ======================================================

1. RAGNI KUMARI @ RAGINI KUMARI wife of Sri Rabindra Das, Resident of Village- Pathanpura, P.S. Sursand, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Kumar Ishwar For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Sonbarsa P.S. Case No. 13 of 2017 instituted for the offence under Sections-363, 366A of the Indian Penal Code.

It has been submitted on behalf of the petitioner that she is a teacher in public school and is of high moral character. She has falsely been implicated because she has enmity with the husband of the informant and her family and only to harass the petitioner, she has been implicated in this case. The victim girl has herself given statement u/S 164 of the Cr.P.C. in which she has not leveled any allegation of overt act against the petitioner. In the written report, there is general and omnibus allegation against accused persons including the petitioner of kidnapping the minor girl and engaging her in prostitution. In the statement recorded under Section- 164 of the Cr. P. C., the victim

Patna High Court Cr.Misc. No.33996 of 2017 (2) dt.20-07-2017 has not leveled any allegation of overt act against the petitioner. The victim has taken name of Abbas and Khalid in her statement recorded u/S 164 of the Cr.P.C.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of her arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sonbarsa P.S. Case No. 13 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (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.

(Sanjay Priya, J) A.K.V./- U T