Allowed

Chinta Devi v. The State of Bihar

Patna HC15 Nov 2019CR. MISC./67551/2019

Case brief

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What is this about?

The Patna High Court granted anticipatory bail to two petitioners facing charges of kidnapping and rape under Sections 364(A), 366(A), 376, and 120-B/34 IPC, allowing their release if arrested or surrendering within four weeks upon furnishing a bail bond.

What did the court decide?

Release on anticipatory bail upon furnishing a bond of Rs. 10,000 and two sureties, subject to appearing before the Magistrate within four weeks.

Chinta Devi Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67551 of 2019

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Arising Out of PS. Case No.-1969 Year-2015 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga

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CHINTA DEVI Wife of Late Durga Ram Singh Resident of Village - Samadhpura, P.S.- Baheri, Distt - Darbhanga.

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Mala Devi Wife of Krishna Kumar Singh Resident of Village - Samadhpura, P.S.- Baheri, Distt - Darbhanga.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Vaishali Devi Late Ram Shankar Singh Resident of Village Samadhpura, P.S. Baheri, District- Darbhanga.

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... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr.Binod Kumar Singh For the Opposite Party/s : Mr.Choubey Jawahar

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA

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ORAL ORDER

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2 15-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

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The petitioners apprehend their arrest in connection with C.R. No. 1969 of 2015, registered under Section 364(A), 366(A), 376 and 120-B/34 of the Indian Penal Code.

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The accusation is that on 25.09.2015, the minor daughter of the complainant/O.P. No.2 was kidnapped by 12 persons named in the complaint petition, including the petitioners under conspiracy after boarding on white colour

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Patna High Court CR. MISC. No.67551 of 2019(2) dt.15-11-2019 2/3

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Scorpio. The informant started searching of her daughter while petitioners asked her to manage Rs. Two lakhs, but he could not arrange the money. The minor daughter of the informant was kept in a room in village-Nabkarhi, P.S. Benipatti, DistrictMadhubani, where Amod Singh committed rape upon her. In the evening of 26.11.2015, anyhow, the daughter of the complainant/O.P. No.2 succeeded to flee away from there, thereafter, complainant/O.P. No.2 lodged the complaint case.

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Learned counsel for the petitioners submits that both the petitioners are cousin mother-in-law and cousin Gotani of the complainant/O.P. No.2 and both have falsely been implicated in this case mere on suspicion. Further submission is that, in fact, daughter of complainant/O.P. No.2 fled away from her parental house without giving any information to the complainant/O.P. No.2 and she returned after one month.

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Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned 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 the Judicial Magistrate, 1^st

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Patna High Court CR. MISC. No.67551 of 2019(2) dt.15-11-2019 3/3

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Class, Darbhanga in connection with C.R. No. 1969 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Rajendra Kumar Mishra, J)

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manish/-

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U T

Chinta Devi v. The State of Bihar

Case brief

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Chinta Devi v. The State of Bihar

Case brief

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