Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9298 of 2024 Arising Out of PS. Case No.-132 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== Anita Devi, Aged about 40 years (Female), W/o Chuto Singh, R/o Village - Barun, P.O. - Itmadi, P.S.- Beldaur, District-Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Advocate For the Informant :
Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with Beldaur P.S. Case No. 132 of 2023 instituted for the offences punishable under Sections 364/34 of the Indian Penal Code.
3. As per F.I.R., the petitioner along with other accused persons kidnapped, killed and disappeared the son of the informant.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner is a lady and she has falsely been implicated in this case due to dirty village politics. She has no concern with the co-accused persons and alleged occurrence. No one is the eye witness to the
Patna High Court CR. MISC. No.9298 of 2024(4) dt.17-05-2024 2/3 alleged occurrence. There is no circumstantial evidence or direct evidence came against the petitioner. A statement has been made para 3 of the bail petition that petitioner has no criminal antecedent. She is languishing in judicial custody since 21.09.2023.
5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for bail. Learned counsel for the informant has submitted that two witnesses have already been examined before the Trial Court and prayer of one of the co-accused namely, Amit Kumar for grant of bail has already been rejected by this Court vide order dated 18.10.2023 passed in Cr. Misc. No. 75293 of 2023 as the specific allegation of kidnapping of informant's son is against co-accused namely, Amit Kumar.
6. On perusal of the F.I.R., case diary, seizure list, impugned order dated 01.12.2023 and also considering the aforesaid facts and circumstances of the case and submission made on behalf of the petitioner as there is no specific allegation against this petitioner and petitioner is lady and specific allegation of kidnapping of the informant's son is against coaccused namely, Amit Kumar, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Patna High Court CR. MISC. No.9298 of 2024(4) dt.17-05-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria in connection with Beldaur P.S. Case No. 132 of 2023. (Ramesh Chand Malviya, J) lata/- U T