Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13633 of 2022 Arising Out of PS. Case No.-329 Year-2021 Thana- RIGA District- Sitamarhi ====================================================== BABITA DEVI W/o Satish Raut Resident of Village- Bulakipur, P.S.- Riga, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest in connection with Riga P.S. Case No.329 of 2021, registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.

The petitioner and other co-accused persons are said to have kidnapped the daughter of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is submitted that from perusal of the impugned order, it transpires that the victim is major. It is submitted that on the date of occurrence, the age of the victim was 19 years, 7

Patna High Court CR. MISC. No.13633 of 2022(2) dt.04-08-2022 2/2 months and 15 days. According to SLC certificate, the date of birth of the victim is 03.02.2002. It is further submitted that the statement of the victim was recorded under Section 164 Cr.P.C. in which she stated that she had left her house and reached at Delhi with Krishna Kumar on her own will. She has further stated that her brother always tortured her, as such, she left her house with Krishna Kumar. On 28.12.2021, she solemnized marriage with Krishna Kumar.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let 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 enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VI, Sitamarhi in connection with Riga P.S. Case No.329 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T