Omwati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5749 of 2023 Arising Out of PS. Case No.-37 Year-2020 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== OMWATI Wife of Shankar Lal R/o Chamarigarhi Ushra, P.S- Tundla, DistFerozabad Uttar pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 365, 370, 372 and 373 of the Indian Penal Code.

As per prosecution case, the informant's daughter-inlaw namely, Sunita Devi, who has a daughter aged about two and half years. It is alleged that on 28.01.2020, elder sister of the wife of the brother of the informant namely, Omwati (petitioner) took daughter-in-law of the informant stating that she is her niece and took her on the pretext of outing. It is alleged that the informant tried her best to search her daughterin-law, but no trace of her was found. The informant apprehended that her daughter-in-law has been sold for the

Patna High Court CR. MISC. No.5749 of 2023(3) dt.04-07-2023 2/3 purpose of prostitution.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Victim is a married lady and petitioner is the Step-mother of the victim. The victim lady has recovered and her statement recorded u/s 164 of the Cr.P.C., which is mentioned in vide para-60 of the case diary, she stated that her step-brother and the petitioner taken away her along with two years old child at Delhi, where she assaulted and harassed by them. She further stated that the step-brother committed rape upon her and they wanted to solemnized marriage of the victim with other person but that person also committed rape upon her. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.02.2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, period of custody as well as petitioner being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.5749 of 2023(3) dt.04-07-2023 3/3 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Mouzahidpur P.S. Case No. 37 of 2020. (Sunil Kumar Panwar, J) arish/- U T