MANIYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This happens to be a jail appeal and on account thereof, at an earlier occasion, Sri Ranbir Singh, Advocate was appointed as an Amicus Curiae who failed to respond, hence, Sri Animesh Kr. Mishra, Advocate has been requested to defend the sole appellant, Maniya Devi as an Amicus Curiae, which he consented and defended.

(2.) Appellant, Maniya Devi has been found guilty for an offence punishable under Section 366 IPC and sentenced to undergo RI for five years along with fine appertaining to Rs. 1000/- in default thereof, to undergo RI for three months additionally vide judgment of conviction dated 27.03.2010 and sentence dated 29.03.2010 passed by Additional Sessions Judge-FTC-IV, Patna in Sessions Trial No.1142/2006.

(3.) Rajeshwar Sao (PW-4) had recorded his Fard-e- Patna High Court CR. APP (SJ) No.1051 of 2010 dt.06-08-2015 2 beyan on 04.05.2006 disclosing therein that his daughter, Saroj Kumari aged about 16 years became traceless and on account thereof, on 02.05.2006 he had recorded Sanha. However, they continued to search and during course thereof, Ranjeet Kumar son of Bhuri Rai and Dheeraj, his son had informed that they had seen Saroj Kumari in company of Maniya Devi who happened to be tenant of Ram Bachan Ray and on account thereof, they had gone to that place, inquired from Maniya Devi who confessed her guilt and further disclosed that she had allowed the victim to slip in the company of an unknown person for the purpose of marriage. On account thereof, there was commotion attracting presence of police personnel as well as recording of the Fard-e-beyan.