Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13326 of 2022 Arising Out of PS. Case No.-330 Year-2021 Thana- DESARI District- Vaishali ====================================================== SANGITA DEVI Wife of Naresh Paswan Resident of Village- Sultanpur, P.S.- Desari, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 363, 366A and 34 of the Indian Penal Code.

The informant alleges that on 26.08.2021 at about 2:00 am six accused persons including the petitioner came variously armed and kidnapped her minor daughter, it is next alleged that accused persons enticed the victim and took her with an intention of marriage after locking the informant in a room where she lives alone, it is next alleged that villagers came by that time the accused had fled away.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.13326 of 2022(2) dt.15-09-2022 2/3 petitioner is a woman having clean antecedent and has been falsely implicated in the present case, it is next submitted that petitioner is neither related to the side of the boy nor with the informant in any manner. Learned counsel for the petitioner next submits that victim was in love with Sachin Kumar with whom petitioner has no concern and being a co-villager, she has been implicated in the present case. It is further submitted that the victim has returned and her statement was recorded under Section 164 Cr.P.C. wherein she has not supported the prosecution case. It is next submitted that though the said statement under Section 164 Cr.P.C. has not been annexed but then she has instructions to make the submission. Learned A.P.P.

for the State opposes the prayer for anticipatory bail of the petitioner Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees 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 Desari P.S. Case No.

Patna High Court CR. MISC. No.13326 of 2022(2) dt.15-09-2022 3/3 330 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) gauravkr/- U T