Sunaina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56700 of 2015 Arising Out of PS.Case No. -412 Year- 2015 Thana -KAHALGAON District- BHAGALPUR ====================================================== Sunaina Devi wife of Uday Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s : Mr. Md.Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-12-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 363, 366A, 501, 506/34 of the Indian Penal Code.

The prosecution case is that on 21.09.2015, the petitioner being the tenant of the informant vacated the house of the informant and shifted in the house of one Ratan Pandit. Same day, the petitioner took the minor daughter of the informant with her with promise to get her back in half and one hour, but the daughter of the informant did not return thereafter. When informant went to the house of one Manish Kumar on 25.09.2015, then father of Manish Kumar threatened him that you vacated the house from his daughter now you see what happened with your daughter. It is also alleged that Manish Kumar made a call to the

Patna High Court Cr.Misc. No.56700 of 2015 (2) dt.15-12-2015 2/2 informant that his missing daughter is with him. It is submitted by learned counsel for the petitioner that petitioner has been roped in the present case simply because he happens to be the maternal-aunt of Manish Kumar. The victim, in 164 Cr.P.C. statement got her age recorded as 16 years wherein she has stated that she went in the company of Manish Kumar of her own and has not named the petitioner.

Considering the fact that the victim has not named the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur in connection with Kahalgaon P.S. Case No.412/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T