Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5984 of 2023 Arising Out of PS. Case No.-30 Year-2021 Thana- BOCHAHAN District- Muzaffarpur ====================================================== MANJU DEVI Wife of Sanjay Kumar Ray @ Sanjay Kumar Resident of Village - Thatia Jasauli, P.S.- Musahari, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar , Advocate For the Opposite Party/s :

Mr. Murli Dhar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 363, 366(A)/34 of the Indian Penal Code.

It is alleged that the all the F.I.R named accused persons including this petitioner kidnapped the minor daughter of the informant.

It is submitted that petitioner has falsely been implicated in this case merely because she happens to be mother of co-accused Vikash Kumar. There was six days delay in lodging the F.I.R for which there is no explanation. In fact victim in her 164 Cr.P.C statement made specific allegation of kidnapping against the co-accused Vikash Kumar and she did

Patna High Court CR. MISC. No.5984 of 2023(3) dt.22-06-2023 2/2 not whisper anything against the petitioner. Hence, no case under section 366A of I.P.C is made out against the petitioner and section 363/34 of I.P.C. is bailable in nature. Petitioner claims clean antecedent.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the 164 Cr. P.C statement of the victim and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Pocso act, Muzzafarpur in connection with Bochahan P.S. case no 30 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T