IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.52909 of 2007 KRISHNA RANI SARKAR @ KRISHNA THAKUR wife of Late Ayodhya Thakur, resident of Professor’s Colony, P.S. and District-Punia ...Petitioner Versus 1. THE STATE OF BIHAR & 2. Sudarsan Thakur son of Late Ayodhya Thakur, resident of village- Nanda, P.O. & P.S. Bhairoganj, District- West Champaran, presently residing at Mohalla- Jaiprakash Nagar, I.T.I. Colony, Bettiah, West Champaran …Opposite Parties ----------- For the petitioner : Mr. B. P. Pandey, Sr. Advocate with M/s S. C. Giri & Mr. P. K. Sinha, Advocates For the State : Mr. U. S. P. Singh, APP ----------- 5/ 16.04.2010 Heard learned counsel for the parties. The petitioner seeks quashing of the order dated 18.4.2007 and the subsequent order passed in Complaint Case No.220C/03 / Tr. No. 937 of 2006 passed by the Judicial Magistrate, Bettiah, West Champaran, by which she has been declared as absconder. On 12.8.2003, one Sudarsan Thakur, opposite party no.2, instituted a case against the present petitioner for the offence under sections 323, 506 and 452 Indian Penal Code, but cognizance was only under sections 323 and 506 Indian Penal Code. In the said complaint, petitioner’s address was described as ‘Mohalla- Bangali Colony, Chatauni, Motihari, P.S. Chatauni, Motihari’ and the present address as ‘Officers Colony, Court Road, Purnea, P.S. K. Hat, Purnea’ due to which after repeated summons the petitioner was declared absconder by the court. The petitioner is aggrieved by the order impugned since - 2 - she feels that even though the offences are bailable in nature, she may be put behind the bar because of the order declaring her absconder. The submission is that the address which has been described in the complaint was not correct and in fact, purposely incorrect address was given by the complainant so that the court could take adverse view against her. After having heard the parties, I am of the view that the order impugned, in the facts of the case, is fit to be set aside with a direction that the petitioner may appear before the court below within three weeks from the date of receipt of a copy of this order. After her appearance, the court below shall grant bail to the petitioner on its own sureties and satisfaction. In view of such, the order dated 18.4.2007 and the subsequent order passed in Complaint Case No.220C/03 / Tr. No. 937 of 2006 passed by the Judicial Magistrate, Bettiah, West Champaran, declaring the petitioner as absconder is hereby set aside. The application stands allowed. JA/- (Anjana Prakash, J.)