Kailashia Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51234 of 2015 ======================================================

1. Kailashia Devi wife of Mangal Yadav, resident of village- Rajaur, P.S.- Garhpura, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Suman Kri Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending her arrest in connection with Garhpura P.S. Case No. 81 of 2014, registered for offences punishable under Sections 364, 302 and 201 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the boy had gone missing on 15.08.2014 itself, the F.I.R. in the present case was lodged on 19.08.2014. It is further submitted that the name of the petitioner surfaced only after four months of the alleged occurrence, when the mother of the deceased boy alleged to have stated that while she had gone to light the lamp at her home, the petitioner had come to her shop seeking a Bidi and, thereafter, she suspected that the petitioner had taken away the

Patna High Court Cr.Misc. No.51234 of 2015 (3) dt.15-02-2016 2 / 2 child.

Learned counsel appearing on behalf of the State after perusal of the case diary submits that save and except the statement made by the mother of the victim boy in paragraph 57 of the case diary, there is no further cogent material on record so as to implicate the present petitioner.

Considering the facts and circumstances of the case and that the petitioner has no criminal antecedent, let the petitioner above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Vimlendu Kumar, Judicial Magistrate, 1st Class, Begusarai, in connection with Garhpura P.S. Case No. 81 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J) sunil/- U T