Shyamsundari Devi @ Shyam Sundar Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15417 of 2023 Arising Out of PS. Case No.-456 Year-2022 Thana- RAJAPAKAR District- Vaishali ====================================================== Shyamsundari Devi @ Shyam Sundar Devi Wife Of Mantosh Paswan R/O Village- Vishanpur Chand, P.S.- Desri (CHANDPURA Nanhkar O.P.), District- Vaishali ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rupa Kumari For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 365/120B of the Indian Penal Code and Sections 23, 24, 26 of the Trafficking in persons (Prevention Care and Rehabilitation) Act, 2021.
It is alleged that the petitioner and other co-accused persons have purchased a child from parents of the victim boy. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner has been made accused in this case on the confessional statement of co-accused namely Mina Devi and Nirmala Devi and except the confessional
Patna High Court CR. MISC. No.15417 of 2023(2) dt.16-05-2023 2/2 statement of co-accused there is no material to show that the petitioner is involved in such type of occurrence. He submits that Hira Lal Paswan and Sewali Paswan who are parent of the child has not lodged any case and has not stated that they have sold the child to Sujit Paswan and his sister-in-law namely Shyam Sundari Devi, so case of child selling is not make out against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case, let the above named petitioner 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 the learned court below where the case is pending/successor court in connection with Rajapakar P.S. Case No. 456 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
devendra/- (Anjani Kumar Sharan, J) U T