Radha Devi @ Radhiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51692 of 2017 Arising Out of PS.Case No. -94 Year- 2017 Thana -DUMRA District- SITAMARHI ======================================================

1. Radha Devi @ Radhiya Devi, Wife of Baghya Narayan Das, R/o Bedaul @ Bathnaula, P.S. Nanpur, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in connection with Dumra P.S.Case No. 94 of 2017 registered for the offence punishable under Section(s) 363, 366A/34 of the Indian Penal Code.

As per the written report, it is alleged by the informant that son of the petitioner enticed away the minor daughter of son of the petitioner and when the informant went to her house and told to return his daughter, then the petitioner and her husband refused to return the daughter of the informant and also abused stating that her son has brought your daughter. On perusal of the F.I.R. it appears that the coaccused, Sunil Kumar was present in his house at the time of occurrence. There is general and omnibus allegation against the petitioner. She is mother of co-accused Sunil Kumar.

Patna High Court Cr.Misc. No.51692 of 2017 (3) dt.24-11-2017 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 Dumra P.S.Case No. 94 of 2017, she shall be released on anticipatory bail on furnishing bail bond of 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, 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.