Sanju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27384 of 2017 Arising Out of PS.Case No. -66 Year- 2017 Thana -PATLIPUTRA District- PATNA ====================================================== Sanju Devi Wife of Shashi Bhushan Thakur, resident of MohallaBahadurpur, Police Station- Garaul, District- Vaishali. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Advocate Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 30.03.2017 in connection with Patliputra P.S. Case No. 66 of 2017 registered for the offence punishable under Sections 366(A) and 363/34 of the Indian Penal Code.
The prosecution case, as lodged by the victim girl, is that on 23.02.2017 while the informant was ready to leave for Mithapur Bus Stand from the house of her 'Bua', one Santosh Kumar Thakur came there on a motorcycle and told her brother that he will leave her at Mithapur Bus Stand. It is alleged that the said Santosh Kumar Thakur instead of taking her to
Patna High Court Cr.Misc. No.27384 of 2017 (3) dt.28-07-2017 2/3 Mithapur Bus Stand, he had taken away her to the house of the petitioner at Goraul, Hajipur for the purpose of marriage and also threatened her of dire consequence if she refused to marry him.
It has been submitted by the learned counsel for the petitioner that she is innocent and the main allegation is upon Santosh Kumar Thakur and she being the sister of said Santosh Kumar Thakur, has been falsely implicated in the aforesaid case. He further submits that no overt act has been alleged to have been committed by the petitioner and that she is languishing in judicial custody for about four months, hence, a sympathetic consideration be given. It is further submitted that the victim girl was recovered soon after but First Information Report has been lodged after inordinate delay, which creates doubt on the prosecution story.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, since the petitioner has no criminal history, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two
Patna High Court Cr.Misc. No.27384 of 2017 (3) dt.28-07-2017 3/3 sureties of the like amount each to the satisfaction of Shri Ratneshwar Kumar Singh, Sub-Judge-XII-cum- A.C.J.M., Patna in connection with Patliputra P.S. Case No. 66 of 2017. (Nilu Agrawal, J.) Arjun/- U T