Kishmanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67982 of 2019 Arising Out of PS. Case No.-196 Year-2017 Thana- BIHIA District- Bhojpur ====================================================== KISHMANTI DEVI Wife of Gauri Shankar Thakur Resident of VillageLahang Dumaria P.S.-Bihiya, District-Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Bihiya P.S. Case No. 196 of 2017, registered for the offences punishable under Sections 366 (A), 504/34 of the Indian Penal Code.

As per F.I.R. allegation against the petitioner is that she assisted in kidnapping of minor daughter of the informant. Submission of the learned counsel for the petitioner is that victim girl is residing with one Brajesh Kumar in West Bengal and both had came in agreement to marry with each other and brother and father of the victim have witnessed the same and said mutual agreement was prepared before the officer-in-charge of Hirapur Police Station which is annexure-3 to this petition and given to the I.O. of this case but he has not investigated the case on that direction.

Patna High Court CR. MISC. No.67982 of 2019(2) dt.24-10-2019 2/2 On the other hand, learned A.P.P has opposed the prayer of bail.

Having heard both sides, considering the fact this application is disposed of with a direction to the petitioner to surrender before the learned Court below within three weeks from the date of the order, on surrender, he will be released on provisional bail till submission of the charge-charge sheet with condition that he will have to co-operate in the investigation and as and when appear before the I.O. as required. The petitioner shall approach the I.O. of the case and produce copy of the annexure-3 to him so that he may investigate the case on that aspect of the matter also.

It is made clear that after completition of investigation if the same is found false and prosecution case found true, petitioner has to surrender before the learned court below and pray for regular bail.

(Vinod Kumar Sinha, J) T.Kr./- U T