Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8002 of 2022 Arising Out of PS. Case No.-798 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== ANITA DEVI W/O VIKASH SAHNI RESIDENT OF SANTAR MOHALLA, P.S.- LAKHISARAI, DISTRICT- LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Raju, Adv.

For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 363/366(A)/120(B)/34 of the Indian Penal Code.

Allegedly, one Sumit Sahni along with other accused persons including the petitioner have forcefully taken away the daughter of the informant. On protest, they threatened the informant to not disclose it to anyone.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.8002 of 2022(2) dt.01-08-2022 2/2 petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against the coaccused Sumit Sahni, who is son of the petitioner. It is submitted that the daughter of the informant fled away on her own will with cash and gold. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioner, let her, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Lakhisarai P.S. Case No.798/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.