Lesi Kumari @ Leshi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18925 of 2024 Arising Out of PS. Case No.-790 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Lesi Kumari @ Leshi Kumar W/o Chikku Kumar @ Chikku Yadav R/o Village- Kasimpur, Ward No. 05, P.S.- Navhatta, District- Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Subhash Kumar S/o Sikendra Yadav R/o Village- Pithahi, Ward No. 11, P.S.- Madhepura, Distt.- Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Madhepura P.S. Case no. 790 of 2023 instituted for the offence under Sections 363, 365, 366A, 386, 506 and 120B of the Indian Penal Code.

4. As per allegation in the FIR, it is a case of abduction of informant's minor niece when she went out for her coaching. It is further alleged that ransom call was made on his mobile.

5. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.18925 of 2024(3) dt.15-05-2024 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. Informant is not an eye witness of the occurrence. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that accused persons have kidnapped her and kept her in an unknown house where an old lady was there. Petitioner is not an old lady and she has no hands in case of kidnapping. Victim girl was medically examined but doctor has not found any internal or external injury on the body of the victim girl as well as no sign of rape was found. Moreover, petitioner is a lady.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the fact that petitioner is a lady, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Madhepura P.S. Case no. 790 of 2023, she will be enlarged 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 learned Additional Sessions Judge-VI-cumSpecial Judge (POCSO), Madhepura subject to the conditions as

Patna High Court CR. MISC. No.18925 of 2024(3) dt.15-05-2024 3/3 laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U