Anuradha Kumari @ Anuradha v. The State Of Bihar

.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Uma Shankar Prasad, Sr. Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 13-11-2013 Heard learned counsel for the petitioner, learned counsel for the Informant and the learned Additional Public Prosecutor for the State. The case has been listed at the top at the instance of the petitioner on the basis of a mention slip for early hearing on the ground that the petitioner, who is an unmarried girl, is going to be married on 25.11.2013. The petitioner apprehends her arrest in a case registered for the offence punishable under section 364 of the Indian Penal Code. As per the prosecution story, the informant’s son went missing since 30.5.2013. On the basis that in course of search by the informant, of the belonging of his missing son he could find Patna High Court Cr.Misc.

No.46767 of 2013 (2) dt.13-11-2013 the photograph of this petitioner from his pocket and mobile number which according to him is registered in the name of the petitioner, the informant suspected that his son had been kidnapped by the petitioner and his family members. Learned Senior counsel for the petitioner submits that the implication of the petitioner in this case is based merely on suspicion and there is no concrete material to connect this petitioner with the offence alleged. He submits that the petitioner is presently working as Probationary Officer in Central Bank of India and is posted in Bihar and therefore, there is no chance of her fleeing away from the course of justice. He undertakes, on the instruction of his client, that the petitioner shall present herself before the police for the purpose of interrogation as and when required. It has been stated in the application that informant’s son had been sending messages to this petitioner which continued up to 23.7.2013 i.e. much after the alleged date of occurrence.

It has also been stated in paragraph 14 that in course of investigation it has come that informant’s son was seen at Dumaria Police Station moving in an un-numbered motorcycle in the month of June, 2013. Learned Senior counsel submits that as a matter of fact, no offence under Section 364 IPC is made out on Patna High Court Cr.Misc. No.46767 of 2013 (2) dt.13-11-2013 the basis of the allegation in the First Information Report. In view of the above, let petitioner Anuradha Kumari alias Anuradha, in the event of her arrest/surrender in the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. case No. 195of 2013 ( G.R. No. 2543 of 2013), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.