Suchita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8206 of 2020 Arising Out of PS. Case No.-345 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== 1.
SUCHITA DEVI Wife of Indradev Singh Resident of Village - Dhnauti, P.S.- Bidupur, District - Vaishali 2.
Soni Devi Wife of Chandan Singh Resident of Village - Dhnauti, P.S.- Bidupur, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kaushal Kishor For the Opposite Party/s :
Mr. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-07-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Bidupur PS case no. 345 of 2019 registered for the offences punishable under Sections 363, 366 of Indian Penal Code.
At the outset, the learned APP for the State submits that in pursuance to the order of this Court dated 22.06.2020, the victim girl has been recovered and her statement
Patna High Court CR. MISC. No.8206 of 2020(4) dt.08-07-2020 2/3 has also been recorded under Section 164 Cr.P.C. before the learned Magistrate. Infact, this Court finds that a letter dated 06.07.2020 has been sent by the Superintendent of Police, Vaishali to the Registry of this Court, wherein he has stated that during the course of investigation, the victim girl namely Sonam Kumari has stated that she had voluntarily married one person namely Mithun Kumar on 25.08.2019 and the case filed by her father namely Sanoj Singh before the Bidupur Police Station, Dist-Vaishali, is a false case.
The accusation is regarding the daughter of the informant having gone for nature's call but thereafter, she did not return and upon search, the informant came to know that the accused persons including the petitioners have kidnapped the daughter of the informant.
The learned counsel for the petitioner has submitted that the statement of the victim girl made during the course of investigation itself shows the falsity of the present case, hence the petitioners, who are having clean antecedent and have got no role to play, may be granted the privilege of anticipatory bail.
Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the
Patna High Court CR. MISC. No.8206 of 2020(4) dt.08-07-2020 3/3 parties and taking into account the fact that the victim girl has been recovered and the Superintendent of Police, Vaishali has filed a report before this Court stating therein that during the course of investigation, the victim girl has been found to be major and moreover, she has stated that she has already married one person namely Mithun Kumar, voluntarily and the case filed by her father is a false case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M.-I, Vaishali at Hajipur in connection with Bidupur PS case no. 345 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.