Kaushalaya Devi @ Koushalaya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15238 of 2017 Arising Out of PS.Case No. -153 Year- 2014 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== Kaushalaya Devi @ Koushalaya Devi Wife of Subodh Rai, Resident of Village-Desari Kichani P.S.-Desari, District-Vaishali .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-05-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in Bidupur P.S. Case No.153 of 2014 registered for the offence under Sections 365 and 120(B) of the I.P.C.
The allegation of the informant is that her Nati Manoj Kumar son of Late Nawal Kishore Rai of Village- Deshri Kitchni, P.S. Deshri, district- Vaishali, used to live with her as his parents have already died. But when her Nati attained majority, he used to visit his father's place frequently and claimed his share of the land from his uncle, Subodh Rai. To this effect several panchayaties were held but the same yielded no fruit. On 18.05.2014 Rajesh Singh, brother-in-law of Subodh Rai, came to
Patna High Court Cr.Misc. No.15238 of 2017 (3) dt.08-05-2017 2/3 the informant to accompany her Nati Manoj Kumar for attending Barat of brother-in-law of Rajesh Singh and he also assured that he would manage to get his share in property but thereafter Manoj Kumar did not return. The informant raised suspicion against Subodh Rai, Kaushalya Devi, Rajesh Singh, Bindeshwar Singh, Kamleshwar Singh, Chandeshwar Singh having hands in the kidnapping of her grand son (Nati) Manoj Kumar. Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner is wife of co-accused Subodh Rai who happens to be the uncle of Manoj Kumar who is said to have been accompanied by Rajesh Singh, brother of the petitioner. Due to that reason the petitioner has falsely been implicated in this case.
Learned A.P.P. while opposing the prayer for bail of the petitioner fairly concedes that except suspicion nothing has been collected against the petitioner during course of investigation.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M.,
Patna High Court Cr.Misc. No.15238 of 2017 (3) dt.08-05-2017 3/3 Vaishali at Hajipur, in Bidupur P.S. Case No.153/14 subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Rajendra Kumar Mishra, J) AnilKrSinha/- U