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Patna High Court - Orders

Savitri Devi vs The State Of Bihar on 14 February, 2019

Author: Rajeev Ranjan Prasad

Bench: Rajeev Ranjan Prasad

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Miscellaneous No.5288 of 2019
                     Arising Out of PS. Case No.-49 Year-2018 Thana- WARISLIGANJ District- Nawada
                 ======================================================
                 Savitri Devi (Female), aged about 35 years, wife of Late Siya Saran Chauhan
                 resident of village - Koniyapar, P.S. + District - Nawada.
                                                                                  ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                                           ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Ranjan Kumar
                 For the Opposite Party/s :       Mr.Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

2   14-02-2019

Heard learned counsel for the petitioner and learned A.P.P. for the State. No one appears on behalf of the informant.

The petitioner, in the present case, is seeking anticipatory bail in connection with Warisaliganj P.S. Case No. 49 of 2018 registered for the offence under Sections 366, 365/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that on perusal of the 164 Cr.P.C. statement of the victim girl, as contained in Annexure-2 to the present application, it will appear that she was having an affair with the brother of this petitioner and had herself willing to go along with him to perform marriage. So far as this petitioner is concerned, she is said to be a married sister of the boy with whom victim girl has solemnized marriage. She is residing elsewhere with her family. Patna High Court Cr.Misc. No.5288 of 2019(2) dt.14-02-2019 2/2 Learned A.P.P. for the State is present and has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case particularly the statement under Section 164 Cr.P.C., this court is willing to extend the privilege of anticipatory bail to the petitioner, in the event of her arrest/surrender in the court below within a period of four weeks from today, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like each to the satisfaction of learned A.C.J.M. - I, Nawada, in connection with Warisaliganj P.S. Case No. 49 of 2018, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/-

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