Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35526 of 2018 Arising Out of PS. Case No.-134 Year-2017 Thana- PARIHAR District- Sitamarhi ====================================================== Sita Devi, wife of Sri Nagendra Ray @ Nagendra Ram, resident of Village - Sahasram, Police Station - Parihar, District - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Parihar P.S. Case No. 134 of 2017 instituted for the offence under Sections 363,366A of the IPC.

Learned counsel for the petitioner submits that petitioner is mother of co-accused namely Niraj Ram. The specific allegation has been leveled against Niraj Ram in the written report of kidnapping the daughter of informant. Learned counsel for the petitioner has submitted that daughter of the informant has been recovered. She has given her statement under Section 164 Cr.P.C., wherein, she has not leveled any specific allegation against this petitioner. This fact is also mentioned at paragraph 8 of this petition. In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.35526 of 2018(3) dt.09-07-2018 2/2 allowed and it is ordered that the petitioner, named above, in the event of her arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Parihar P.S. Case No. 134 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Sitamarhi, subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.