Bijyanta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13465 of 2024 Arising Out of PS. Case No.-221 Year-2023 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

Bijyanta Devi Wife Of Kishan Yadav Resident Of Village- Baraw, PsChand, Distt- Kaimur At Bhabua 2.

Priyanka Devi Wife Of Hridya Yadav Resident Of Village- Baraw, PsChand Distt- Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Singh, Adv.

For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners seek regular bail in connection with Chand P.S. Case No. 221 of 2023, lodged on 16.11.2023 under Sections 366-A, 366, 120(B), 376(D), 34 of the Indian Penal Code read with section 6 of the POCSO Act.

3. As per the prosecution case, FIR has been lodged against three named accused persons including the present petitioners against whom there is an allegation that they have kidnapped the informant's daughter.

4. Learned counsel for the petitioners submit that the petitioners are innocent ladies and have committed no offence. Counsel also submits that the criminal antecedent of the petitioners is clean and they are in custody since 05.01.2024.

Patna High Court CR. MISC. No.13465 of 2024(3) dt.18-04-2024 2/2

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioners and submits that the case diary and statement under section 164 Cr.P.C. has called for in which nothing has been whispered against the present petitioners, but in statement under section 161 before the police, the victim girl has narrated against the present petitioners.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named be granted bail, but only two months after framing of charge on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chand P.S. Case No. 221 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

8. Trial Court is directed to take evidence of the victim within the said period.

(Dr. Anshuman, J.) Divyansh/- U T