Patna High CourtCR. MISC./5471/2023rejected

Kajal @ Sabbi v. The State Of Bihar

2023-08-04Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5471 of 2023 Arising Out of PS. Case No.-153 Year-2022 Thana- TATARPUR District- Bhagalpur ====================================================== Kajal @ Sabbi D/O Md. Lallu @ Lallu Resident of village- Kotwali Chowk, P.S.- Kotwali, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Anita Kumari Singh, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 01.09.2022 in connection with Tatarpur P.S. Case No. 153 of 2022, F.I.R. dated 14.07.2022 for the offences punishable under Section 366A of the Indian Penal Code read with Section 34 of the I.P.C.

3. According to prosecution case, in brief, is that on 06.06.2022 at 11:30 A.M. the accused persons including the petitioner took away the daughter of informant on pretext of attend marriage. Thereafter, the daughter of informant did not come back home. Informant came back from Delhi on 12.06.2022 and searched his daughter everywhere, but informant did not find anything.

Patna High Court CR. MISC. No.5471 of 2023(4) dt.04-08-2023 2/2

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the victim was recovered and her statement was recorded under Section 164 of Cr.P.C. in which she has categorically stated that the petitioner and other coaccused person have sold the victim at the cost of Rs.1,80,000/-.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Tatarpur P.S. Case No. 153 of 2022 pending in the court of learned Additional Chief Judicial Magistrate-VII, Bhagalpur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) mdrashid/- U T