Nilu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5092 of 2024 Arising Out of PS. Case No.-416 Year-2023 Thana- PAROO District- Muzaffarpur ====================================================== 1.
NILU DEVI W/O ANIL RAI R/O- VILLAGE- MANSURPUR GOTHA, P.S.- PAROO, DIST.- MUZAFFARPUR 2.
MUNNI DEVI W/O- LAXMI NARAIN RAY R/O- VILLAGEMANSURPUR GOTHA, P.S.- PAROO, DIST.- MUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in connection with Paroo P.S. Case No.416/2023 registered for the offence punishable under Sections 363, 366 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are women and the informant alleges that his wife is traceless and few days back he had sold a land for Rs.2,00,000/- and had kept the same in the house, as such, suspected that the wife with ornaments
Patna High Court CR. MISC. No.5092 of 2024(2) dt.23-02-2024 2/3 and money fled on enticement made by the petitioners. The learned counsel submits that the victim was not on good terms with her husband as such she had accompanied the petitioners but later when she came back, her statement was recorded under section 164 Cr.P.C., wherein she said that the petitioners who are related to her took her for getting her married to their brother Ramesh, who worked as a driver and when she went there they took her ornaments but later she was recovered by the police. The learned counsel submits that from bare perusal of the statement of the victim recorded under section 164 Cr.P.C., it would manifest that she does not disclose that where she accompanied the petitioners i.e. the name of the place is not disclosed. Thus, it appears that she on her own volition accompanied the petitioners but later under pressure of her husband got the statement recorded under section 164 Cr.P.C. It is next submitted that the petitioners will co-operate in the investigation.
4. Learned A.P.P. for the State along with learned counsel for the informant opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.5092 of 2024(2) dt.23-02-2024 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court No.2, J.M.F.C., Muzaffarpur (West) District-Muzaffarpur in connection with Paroo P.S. Case No.416/2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T