Single-judge oral order granting anticipatory bail to the petitioner, Indu Devi, in a case registered under Section 366A IPC, anticipating her arrest, with bail conditions under Section 438(2) CrPC.
Release on bail with a bond of Rs.10,000 and two sureties if arrested or surrendered within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.74990 of 2018
Arising Out of PS. Case No.-108 Year-2018 Thana- PIPRAHI District- Sheohar
======================================================
Indu Devi W/o Dewendra Rai Resident of Village-Abhirajpur Bairiya,P.S. Piprahi,Distt.-Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Virendra Kumar For the Opposite Party/s : Mr.Ram Anurag Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 20-12-2018 Heard both sides.
The petitioner apprehends her arrest in Piprahi P.S. Case No.108 of 2018 registered under Section 366A and 34 of the Indian Penal Code.
The father of the victim alleged that his daughter had gone to withdraw money from the Bank but she did not return. During the course of search, the informant came to know that the petitioner(Indu Devi), Shivnath Kumar Yadav, Devendra Rai, Alok Kumar Yadav, Samarendra Kumar Yadav and others kidnapped his daughter.
The learned counsel for the petitioner submits that the informant is not an eyewitness of the occurrence. The victim who is wife made her statement under Section 164 Cr.P.C. and disclosed that Shivnath and his two uncles namely, Hari Rai and
Patna High Court Cr.Misc. No.74990 of 2018(2) dt.20-12-2018 2/2
Rajendra Rai kept her in a Bolero. Shivnath took her to Chennai. The victim did not disclose the name of the petitioner.
Considering the fact that victim did not disclose the name of the petitioner in her kidnapping, 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 Sri Raj Kumar, J.M. 1st Class, Sheohar in connection with Piprahi P.S. Case No.108 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J)
Saurabh/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in connection with the kidnapping charge.
Whether the petitioner should be released in the event of her arrest or surrender.
2 provisions across 2 enactments
Indu Devi
The State of Bihar
PRABHAT KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
