Manto Devi @ Mantu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16321 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- DANIYAWAN District- Patna ====================================================== Manto Devi @ Mantu Devi W/o Sri Judagi Ravidas Resident Of VillageNetar, Ps- Daniawana, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Kumar, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Daniawan P.S. Case No. 237 of 2023, registered on 10.09.2023 for the alleged offences under Sections 363 and 365 of the Indian Penal Code.
3. As per prosecution case, the petitioner and coaccused persons enticed away the minor daughter of the informant and co-accused demanded Rs.30,000/- from the informant to return her daughter.
4. Learned counsel for the petitioner submits that the case has been lodged merely on suspicion as is evident from the FIR. The date of occurrence is stated to be 20.04.2023 whereas the FIR has been registered on 10.09.2023 without any
Patna High Court CR. MISC. No.16321 of 2024(4) dt.05-07-2024 2/3 explanation. The informant has not even mentioned the correct date of missing of her daughter as witnesses have stated that daughter of the informant went missing in August, 2022. There is no specific allegation against the petitioner and the whole case is based on suspicion. Learned counsel further submits that co-accused Rakesh Thakur has been anticipatory bail vide order dated 08.05.2024 passed in Cr. Misc. No. 16586 of 2024 by this Court and petitioner is a lady. The petitioner has no criminal antecedent and she is in custody since 05.10.2023 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 lack of substantive material against the petitioner to connect her with the offences as alleged and further considering the period of custody along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna City/concerned Court in connection with Daniawan P.S. Case No. 237 of 2023, subject to the
Patna High Court CR. MISC. No.16321 of 2024(4) dt.05-07-2024 3/3 conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also 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.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T