Ramkala Devi @ Ramkali Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77926 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- SAHARGHAT District- Madhubani ====================================================== RAMKALA DEVI @ RAMKALI DEVI Wife of Ram Udish Rai Resident of Village - Abari, P.S.- Saharghat, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey For the Opposite Party/s :
Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehend his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 363, 366A/34 of the Indian Penal Code and Section 8/12 of the POCSO Act.
3. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. Petitioner has got no criminal antecedent. He further submits that petitioner is the mother of the co-accused Gautam Kumar. There is no specific overt act against the petitioner. There is no eye-witness of the present case. There is delay of 20 days in lodging the F.I.R.
4. Learned APP for the State opposes prayer for
Patna High Court CR. MISC. No.77926 of 2023(2) dt.08-12-2023 2/2 anticipatory bail and submits that the informant daughter is still traceless and investigation is going on.
5. Considering the facts and circumstances of the case and argument of the learned APP for the State that the informant daughter is still traceless, I am not inclined to grant anticipatory bail to the petitioner.
6. Hence, her prayer for anticipatory bail is hereby rejected.
7. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.
(Anjani Kumar Sharan, J) Ranjeet/- U T