Patna High CourtCR. MISC./34932/2017bail granted

Shanti Devi v. State Of Bihar And ANR

2017-08-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34932 of 2017 Arising Out of PS.Case No. -318 Year- 2016 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Shanti Devi W/o Rama Rajbanshi @ Rana Rajbanshi, R/o VillagePandpa, P.S.- Nardiganj, District- Nawada, .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kejari Devi, W/o Vijay Rajbanshi, R/o Village- Pandpa, P.S.- Nardiganj, District- Nawada.

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-08-2017 Heard both sides.

The petitioner apprehends her arrest in Complaint case No. 318 of 2016 for the offences allegedly committed by the petitioner under Section 366A of the Indian Penal Code. The complainant alleged that petitioner along with Juli Kumari and Khushbu Kumari took her minor daughter, victim, to Rajgir fair but her daughter did not return. The complainant further alleged that Sahdeo Chaudhary is said to have taken away the victim and he established physical relation with the victim after confining her in a room.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.34932 of 2017 (2) dt.16-08-2017 2/2 the victim was examined in court and she did not disclose the name of the petitioner. She disclosed that Juli Kumari and Khushbu Kumari took her to Rajgir fair and they handed her over to Sahdeo Chaudhary.

Considering the facts aforesaid that the victim did not disclose the name of the petitioner as one of the persons who took her to Rajgir fair, the petitioner above named in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Complaint case No. 318 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T