Allowed

Radha Devi v. The State Of Bihar

Patna HC19 Dec 2018CR. MISC./74456/2018

Case brief

AI extract

What is this about?

It was held that since the victim did not name the petitioner as her kidnapper in her statement under section 164 Cr.P.C., anticipatory bail was granted under section 438(2) Cr.P.C. for a period of four weeks, with a bail bond of Rs.10,000 and two sureties, subject to conditions. Tempting to include kidnapping and rape based on FIR allegations even though victim denied any name, leads to very long

What did the court decide?

Petitioner to be released on bail by furnishing a bond of Rs.10,000 with two sureties each for a period of four weeks if arrested or surrenders.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.74456 of 2018

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Arising Out of PS. Case No.-180 Year-2017 Thana- KHAGARIA District- Khagaria

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

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Radha Devi Wife of Ramnarayan Yadav Resident of Village-Bagraha,Police Station Hansanpur,Distt.-Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Raja Surendra Mohan For the Opposite Party/s : Smt. Rita Verma ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 19-12-2018 Heard both sides.

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The petitioner apprehends her arrest in

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Khagaria(Gangaur) P.S. Case No.180 of 2017 for the offences punishable under Sections 366 and 34 of the Indian Penal Code.

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The informant, father of the victim, alleged that his daughter left his house for going to the house of her husband with her minor child but she did not reach her husband’s house. On enquiry, it transpired that Azad Yadav and Radha Devi with the help of Mala Devi kidnapped her daughter.

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The learned counsel for the petitioner submits that informant named the petitioner in the F.I.R. but the victim made her statement under Section 164 Cr.P.C. and she disclosed that Mala Devi and Azad Yadav kidnapped her and Azad Yadav committed rape with her. Victim did not disclose the name of

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Patna High Court Cr.Misc. No.74456 of 2018(2) dt.19-12-2018 2/2

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the petitioner.

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Considering the fact that victim did not name the petitioner as her kidnapper, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District Judge Ist, Khagaria in connection with Khagaria(Gangaur) P.S. Case No.180 of 2017, corresponding to G.R. No.762 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Jha, J)

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Saurabh/-

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U T

Radha Devi v. The State Of Bihar

Case brief

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Radha Devi v. The State Of Bihar

Case brief

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