Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86926 of 2019 Arising Out of PS. Case No.-200 Year-2019 Thana- AMARPUR District- Banka ====================================================== RITA DEVI Wife of Awadhesh Yadav Resident of Village - Bedadih, P.S.- Amarpur, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Amarpur P.S. Case No. 200 of 2019 for the offence registered under Sections 366A/34 of the Indian Penal Code. The allegation is regarding the daughter of the informant having gone for taking tuition, however, she did not return back and it is alleged that the victim girl used to talk with the co-accused person, namely, Aman Yadav who is stated to be the son of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and she is having a clean antecedent. It is further submitted that only because the petitioner is the mother of the co-accused, who is stated to have married the daughter of the informant, she has been falsely implicated in the present case, however, it is submitted that

Patna High Court CR. MISC. No.86926 of 2019(2) dt.24-01-2020 2/2 the father of the said co-accused person, namely, Awadhesh Yadav has already been granted regular bail by the learned court below and the fact is that the parents are cooperating with the Police so that the victim girl can be recovered.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner coupled with the fact that the father of the main accused has already been granted bail and as far as the petitioner is concerned, there does not seem to be any complicity in the alleged occurrence on her part, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail. Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of her arrest/surrender before the court below within a period of four weeks from today, 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, Banka in connection with Amarpur P.S. Case No. 200 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T