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Patna High CourtCR. MISC./17698/2021bail granted

Nitu Devi v. The State Of Bihar

2021-11-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17698 of 2021 Arising Out of PS. Case No.-237 Year-2020 Thana- ITARHI District- Buxar ====================================================== NITU DEVI D/O BHIKHARI CHOUHAN R/O VILLAGE - ITARHI, P.SITARHI, DISTRICT-BUXAR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-11-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 365, 366, 367, 368 and 370/34 of the Indian Penal Code. The victim-girl is a married lady. In her statement under Section 164 Cr.P.C. stated that the petitioner got her married with co-accused Dipu. Dipu took her to Rajasthan. Dipu was in physical relation with her. Co-accused Dinesh Chauhan and the petitioner is alleged to have sold her. Submission is that, in fact, the victim was major had voluntarily married with Dipu and after break-up, false allegation has been levelled.

Considering the facts aforesaid, let the petitioner,

Patna High Court CR. MISC. No.17698 of 2021(2) dt.24-11-2021 2/2 above named, in the event of her arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released 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 below where the case is pending in connection with Itarhi Police Station Case No. 237 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T