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Kushmi Devi Vs. the State of Bihar

Kushmi Devi vs The State of Bihar

Type Court Judgment Court Patna Decided May 24, 2012
~2 min read
https://sooperkanoon.com/case/974344

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Citation
Court
Patna High Court
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Kushmi Devi

Respondent

The State of Bihar

Excerpt

in the high court of judicature at patna criminal miscellaneous no.2047 of 2012 ====================================================== kushmi devi @ kushum devi. .... .... petitioner versus the state of bihar .... .... opposite party ====================================================== coram: honourable mr. justice dinesh kumar singh oral order (per: honourable mr. justice dinesh kumar singh”24. 01-2012 heard learned counsels for the petitioner and the state. the petitioner is apprehending her arrest in a case registered under sections 365, 366a and 120b of the indian penal code. the accusation is of abducting the minor daughter of the informant. in 164 cr.p.c. statement, the victim girl alleged that this petitioner also assisted in her abduction but it appears that for the occurrence of 01.08.2011 the complaint was filed on 06.08.2011 whereas the son of the petitioner lodged a substantive case under section 307 of the ipc against the informant on 17.07.2011. it further appears that the victim has again eloped with her paramour subsequent to her recovery. considering the delayed lodging of the complaint patna high court cr.misc. no.2047 of 2012 (2) dt.24-01-2012 2/2 and the lodging of the case from the petitioners side at earlier point of time which cloud the bona fide of the accusation, let the above named petitioner be released on anticipatory bail in the event of her arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned chief judicial magistrate, gopalganj in connection with hathua p.s. case no. 68 of 2011 subject to the conditions as laid down under section 438(2) of the cr. p.c. (dinesh kumar singh, j.) amrendra/-

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2047 of 2012 ====================================================== Kushmi Devi @ Kushum Devi. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH”

24. 01-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending her arrest in a case registered under Sections 365, 366A and 120B of the Indian Penal Code. The accusation is of abducting the minor daughter of the informant. In 164 Cr.P.C. statement, the victim girl alleged that this petitioner also assisted in her abduction but it appears that for the occurrence of 01.08.2011 the complaint was filed on 06.08.2011 whereas the son of the petitioner lodged a substantive case under Section 307 of the IPC against the informant on 17.07.2011. It further appears that the victim has again eloped with her paramour subsequent to her recovery. Considering the delayed lodging of the complaint Patna High Court Cr.Misc. No.2047 of 2012 (2) dt.24-01-2012 2/2 and the lodging of the case from the petitioners side at earlier point of time which cloud the bona fide of the accusation, let the above named petitioner be released on anticipatory bail in the event of her arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj In connection with Hathua P.S. Case No. 68 of 2011 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J.) Amrendra/-

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