Durga Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5478 of 2024 Arising Out of PS. Case No.-336 Year-2022 Thana- DARAUNDA District- Siwan ====================================================== Durga Devi W/O Madan Ram Village- Ramgarha, Tola Gorauli, Ps. Daraunda, Dist. Siwan.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate Mr. Rajiv Ranjan, Advocate Mr. Bishwanath Mahto, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Daraunda P.S. Case No. 336 of 2022 dated 13.12.2022, instituted for the offence punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that on 27.08.2022 at about 04:00 am, when the daughter of informant went for call of nature then the petitioner along with one coaccused kidnapped her for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case due to land dispute between the parties. It is further

Patna High Court CR. MISC. No.5478 of 2024(2) dt.17-02-2024 2/2 submitted that specific allegation is against Babli Kumar and petitioner being his mother has falsely been made accused in this case. It is next submitted that the occurrence took place on 27.08.2022 but the F.I.R. was lodged on 13.12.2022 without any cogent explanation of delay in lodging the F.I.R., which creates suspicion in the prosecution's case. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Daraunda P.S. Case No. 336 of 2022, she shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class Siwan, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T