Sanju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.573 of 2020 Arising Out of PS. Case No.-329 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== Sanju Devi Wife of Raj Kumar Mistry Resident of Mohalla - Devsikhanda, P.S. - Jehanabad ( Kalpa), District - Jehanabad, ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the parties.

Petitioner apprehends her arrest in a case registered for the offence punishable under sections 366(A)/34 of the I.P.C. It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. It has further been submitted that the victim girl has stated in her statement recorded under section 164 of Cr.P.C. that she has gone with Rabish Kumar out of her own free will and also married with co-accused Rabish Kumar and she wants to live with her husband, namely, Rabish Kumar. It has further been submitted that the petitioner is mother of Rabish Kumar and she has no concern with the alleged offence. It has further been submitted that the victim has been medically examined and doctor has assessed her age as 19 years old. The petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.573 of 2020(2) dt.18-02-2020 2/2 Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of her arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad (Kalpa) P.S. Case No. 329 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) S.Katyayan/- U T