Sandhaya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10845 of 2020 Arising Out of PS. Case No.-22 Year-2019 Thana- SANDESH District- Bhojpur ====================================================== SANDHAYA DEVI Wife of Pintu Ram Resident of Village - Chela, P.S. - Sandesh, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-01-2021 Heard Mr. Manoj Kumar Singh, learned counsel for the petitioner and Mr. Dashrath Mehta, Additional Public Prosecutor for the State.

2. Petitioner apprehends her arrest in connection with Sandesh PS Case No. 22/2019 registered for the offence punishable under Sections 366(A)/34 of the IPC.

3. The allegation, as per First Information Report is that the petitioner along with other accused persons abducted the daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of the fact that she happens to be neighbour of the co-accused, Sonu Kumar. Learned counsel referring to Annexure-2, submits that the statement of the victim girl was recorded under Section 164 of the CrPC, in which, she has not stated anything against the petitioner and has, specifically, stated that she has performed marriage with the co-accused, Sonu Kumar, out of her own free will and without any pressure from any side. Learned counsel

Patna High Court CR. MISC. No.10845 of 2020(3) dt.30-01-2021 2/2 next submits that the victim girl has disclosed her age as 19 years before the learned Magistrate.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the statement of the victim girl made under Section 164 CrPC and the fact that petitioner is a lady, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, petitioner, SANDHAYA DEVI shall be released on anticipatory bail, in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur (Arrah) in connection with Sandesh PS Case No. 22/2019, subject to the conditions as laid down under Section 438(2) CrPC.

7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T