IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43379 of 2008 NANKI DEVI, Wife of Shri Bhup Narayan Thakur, Resident of village – Musharniya, P.S. – Bhargama, District – Araria. ….. Petitioner. Versus THE STATE OF BIHAR ….. Opp. Party. ----------- 03/ 18.04.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending her arrest in connection with a case registered for the offence under Sections 302, 313, 316, 201 and other allied sections of the Penal Code. It is submitted on her behalf that the allegation under Section 316 of the Penal Code is absolutely false, which fact would be evident from the certificate of the attending physician dated 25.5.2007, who was also examined in paragraph 47 of the case diary in support of his certificate. At this stage, I am not inclined to rely on such submission as from the orders of the Sessions Judge refusing the bail in the event of arrest to the petitioner, it appears that the victim lady was also examined by a lady doctor, who confirms the fact that the victim was made to abort. It is submitted on behalf of the petitioner that no lady doctor was ever examined during investigation, who supported the factum of abortion by the victim. Let petitioner surrender in the court below within four weeks from today and thereafter the court below should verify from the case diary including the supplementary case diary about the findings recorded by the lady doctor on the factum of abortion by the victim. In the event, it is found that any lady doctor has confirmed the abortion by the victim, then petitioner be taken into custody, failing which she be admitted to the privilege of bail on furnishing bail bond - 2 - of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 02 of 2007. Until such verification is made from the case diary no coercive steps be taken against the petitioner. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. DKS/ (V.N. Sinha, J.)