Allowed

Neha Kumari v. The State Of Bihar

Patna HC17 Dec 2018CR. MISC./66214/2018

Case brief

AI extract

What is this about?

The High Court at Patna granted anticipatory bail to the petitioner, a girl, in a case involving kidnapping and abduction. The court noted the victim's retraction of her earlier statement and the lack of specific allegations against the petitioner regarding taking the victim to Delhi.

What did the court decide?

Petitioner granted anticipatory bail to be released upon arrest or surrender within four weeks on bail of Rs. 10,000 with two sureties of similar amount.

Neha Kumari Vs The State Of Bihar — Child Sexual Offences (POCSO) | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.66214 of 2018

¶2

Arising Out of PS. Case No.-95 Year-2015 Thana- KURTHA District- Jehanabad

¶3

======================================================

¶4

Neha Kumari D/o of Sanjay Singh Resident of Village-Feku Bigha, P.S. & Distt.-Arwal ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Smt. Renu Kumari, APP ======================================================

¶5

CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA

¶6

ORAL ORDER

¶7

2 17-12-2018

¶8

Heard learned counsel for the petitioner as well as

¶9

learned Additional Public Prosecutor for the State.

¶10

Petitioner apprehends her arrest in connection with Kurtha P.S. Case No. 95 of 2015 registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.

¶11

The victim returned to her home after eight months of the alleged occurrence and her statement under Section 164 of the Cr.P.C. was recorded. The victim stated that this petitioner took her near a place from where she was kidnapped by other F.I.R. named accused persons and, subsequently, she was taken to Delhi, where she was confined in a room. However, having got opportunity, she anyhow eluded from the clutches of her kidnappers and reached to her home.

¶12

Submission on behalf of the petitioner is that one F.I.R. named accused Chandan Kumar was put on trial in Sessions Trial No. 179 of 2016 and when the victim was

¶13

Patna High Court Cr.Misc. No.66214 of 2018(2) dt.17-12-2018 2/2

¶14

examined in the aforesaid Sessions Trial, she retreated from her previous statement and specifically stated that she made her previous statement under Section 164 of Cr.P.C. due to some misconception. He further submits that even if the statement of victim assumed to be true, then also it was not the petitioner, who took the victim to Delhi.

¶15

The petitioner is a girl and no specific allegation of taking away the victim to Delhi has been levelled against the petitioner and, moreover, considering the subsequent statement of victim recorded in Sessions Trial 179 of 2016, I think it proper to extend the privilege of anticipatory bail to the petitioner, and, accordingly, it is ordered that petitioner, in the event of her arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in Kurtha P.S. Case No. 95 of 2015 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

¶16

(Hemant Kumar Srivastava, J)

¶17

Spd/-

¶18

U T

Neha Kumari v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Neha Kumari v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gayatri Kumari and Ors. Vs The State Of Bihar

Ambika Thakur and Anr. Vs State Of Bihar and Anr.

Arun Kumar Sinha Vs State Of Bihar and Anr.

Santosh Kewat Vs The State Of Bihar

Md. Imteyaz @ Imtiyaz Ahmad Vs The State Of Bihar

Rajeeb Kumar Vs The State Of Bihar