Rinki Devi @ Radha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17259 of 2024 Arising Out of PS. Case No.-697 Year-2023 Thana- GANDHIMAIDAN District- Patna ====================================================== Rinki Devi @ Radha Devi W/o Ajay Kumar @ Chhotu Singh R/o vill - Punpun Alauddinchak, P.s. - Punpun, Distt. - Patna, At present r/o vill - Khajpura pillar no. 24, In the rented house of Raja Yadav, P.s.- Hawai Adda, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyamal Prakash For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Special No. 238 of 2023 arising out of Gandhi Maidan P.S. Case No. 697 of 2023 dated 24.08.2023 registered for the offences punishable u/s 363, 365, 366(A), 345 of the Indian Penal Code.

3. As per the prosecution case, on 10.07.2023 at about 11:30 A.M. the informant's minor daughter went to worship with her mother to Kali Mandir but when she was coming after worship she was found missing in the mob. On being searched she was not traced by her mother. Thereafter, the informant

Patna High Court CR. MISC. No.17259 of 2024(3) dt.31-07-2024 2/3 lodged complaint in Kadamkuan Police Station and said that her daughter was again kidnapped by Vikash@ Mirza. Accordingly, the FIR has been lodged.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has transpired only on the basis of suspicion. It is further submitted that the victim was afraid of her father and in consequence of that she left her house with her own will. There is specific allegation against the Vikash@ Mirza. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.09.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Special No. 238 of 2023 arising out of Gandhi Maidan P.S. Case No. 697 of 2023, with a condition/s:-

Patna High Court CR. MISC. No.17259 of 2024(3) dt.31-07-2024 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T