Kanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16037 of 2015 Arising Out of PS.Case No. -33 Year- 2014 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ======================================================

1. Kanchan Devi W/o Late Late Jangali Rai, resident of Village-Karipura (Magurahi) P.S.-Ganga Bridge, District-Vaishali at Hajipur .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Ganga Bridge P.S. Case No. 33 of 2014 registered for the offence punishable under Section 366 of the Indian Penal Code. It is contended that there is no truth behind the allegation made in the FIR. In course of investigation, no witness has come forward to support the allegation of abduction of the victim. The victim returned her home after two days of the occurrence. She has not disclosed where she was kept. She has also not disclosed how she could liberate herself from the clutches of the accused. It is submitted that due to dispute existing from before relating to some land, the petitioner has been falsely

Patna High Court Cr.Misc. No.16037 of 2015 (3) dt.02-09-2015 2/2 implicated in this case.

Learned counsel for the State has opposed the prayer for bail. He has submitted that the victim has supported the prosecution case in her statement recorded under section 164 of the Code of Criminal Procedure. However, he concedes that apart from the statement of the victim recorded under section 164 of the Code of Criminal Procedure, there is no other cogent material to connect the petitioner with the alleged occurrence. Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioner Kanchan Devi is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 33 of 2014, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T