Patna High CourtCR. MISC./7774/2024bail granted

Ramkali Devi v. The State Of Bihar

2024-02-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7774 of 2024 Arising Out of PS. Case No.-130 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Ramkali Devi W/O Nandu Sahani @ Shiv Nandu Sahni R/O VillageLaxmipur Madhumalti Ward No. 12, P.S- Sugauli, Distt.- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Sugauli P.S. Case No. 130 of 2023, dated 10.04.2023 for the offences punishable under Sections 363, 366A, 34, 376, 302, 201, 120B of the Indian Penal Code, 1860 (IPC) and section 4 and 8 of the POCSO Act.

3. As per the prosecution case, unknown miscreants are alleged to have kidnapped the minor daughter of the informant with bad intention by enticing her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is not named in the

Patna High Court CR. MISC. No.7774 of 2024(2) dt.27-02-2024 2/2 F.I.R. The name of the petitioner had surfaced during the course of investigation. No incriminating material has been recovered from her possession. There is a delay of about three days in lodging the F.I.R. and there is no plausible explanation for the same. The petitioner is a lady.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, East Champaran, Motihari in connection with Sugauli P.S. Case No. 130 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T