Nitu Saxena v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12166 of 2025 Arising Out of PS. Case No.-301 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== Nitu Saxena Son of Ashok Kharga Resident of Village- Sundarpura, Police Station- University, District- Dharbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Ramgarhwa P.S. Case No. 301 of 2024 registered for the alleged offences under Sections 126(2), 115(2), 118, 74, 132 and 3(5) of the Bhartiya Nyaya Sanhita.

3. As per the prosecution case, on a tip off that the petitioner has confined a girl namely Anamika Sah in the house of co-accused Mukti Sah, a raid was conducted. Four females and one male opposed the police party and they started obstructing the police party. Police entered in the house and recovered 12 year old minor girl. While the police was taking her out, again the same four females and one male opposed and

Patna High Court CR. MISC. No.12166 of 2025(2) dt.07-03-2025 2/3 obstructed the way of the police party and snatched the minor girl from the custody of the police. They also assaulted the police personnel. Subsequently three female and one male were apprehended and a lady fled away from the spot. The apprehended accused persons disclosed the name of the lady who escaped from the place of occurrence as this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The victim girl out of her sweet will ran away from her house and met this petitioner who advised her to return back to her house but she refused to return and threatened to commit suicide and it was only after the petitioner left, then the other co-accused gave her shelter but the petitioner was unaware about this fact. The petitioner has clean antecedent. Learned counsel further submits that the petitioner is a lady and is in custody since 29.11.2024 and charge sheet has been submitted.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named are directed to be released on

Patna High Court CR. MISC. No.12166 of 2025(2) dt.07-03-2025 3/3 bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Ramgarhwa P.S. Case No. 301 of 2024 subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(Arun Kumar Jha, J) Prakash/- U