MIRA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE accused-petitioner has preferred this revision application against the judgment and order dated 24.9.2001 passed by the learned 4th Additional Sessions Judge, Begusarai in Cr. Appeal No. 127 of 1995 by which the judgment of conviction and order of sentence dated 4.11.1995 passed by learned Judicial Magistrate,1st Class, Begusarai in G. R. No.268 of 1990, Trial No. 181 of 1995 arising out of Patna High Court CR. REV. No.190 of 2002 dt.09-08-2011 Matihani P. S. Case No. 106 of 1990 has been set aside so far the case of other two appellants are concerned and judgment of conviction and order of sentence passed against the petitioner has been confirmed.

(2.) THE prosecution case, in brief, is that Seema Kumari, aged about 10 years, the cousin sister of the informant used to go to the teacher, Lalan Singh for tuition. On 24.11.1990 at about 10 a.m. Mira Devi (petitioner), Indu Devi and Nityanand Singh (appellants) kidnapped her. When Mira Devi returned, she stated that Seema Kumari was enticed away by the accused appellant to Jasidih. On the information of the informant, Uttam Kumar, Matihani P. S. Case No. 106 of 1990 was instituted against accused appellants for the offence punishable under Section 363 and 342 I.P.C.. After investigation charge-sheet was submitted against all the three accused. After trial, all the three accused were convicted for the offence punishable under Section 363 and 342 I.P.C. and they were sentenced to rigorous imprisonment for three years under Section 363 I.P. C. and rigorous imprisonment for one year under Section 342 Patna High Court CR. REV. No.190 of 2002 dt.09-08-2011 I.P.C. and both the sentences are directed to run concurrently. THEreafter, the petitioner and two others Indu Devi and Nityanand Singh preferred Cr. Appeal No. 127 of 1995. After hearing both the parties the conviction and sentence of other two accused has been set aside and the judgment of conviction and order of sentence passed against the petitioner by the learned trial court has been upheld by 4th Additional Sessions Judge vide impugned order.

(3.) IN the result, this revision Patna High Court CR. REV. No.190 of 2002 dt.09-08-2011 application is dismissed. The bail bonds of petitioner, Mira Devi is cancelled and she is directed to surrender before the learned trial court within a period of three weeks, failing which the learned trial court will take steps for her arrest to serve out the remaining part of her sentence.