Nandani Devi @ Jyoti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20138 of 2024 Arising Out of PS. Case No.-171 Year-2022 Thana- AGIAON BAZAR District- Bhojpur ====================================================== Nandani Devi @ Jyoti Devi W/O- Sonu Tiwari R/O- Village- Amehata, P.S.- Agiaon Bazar, Dist.- Bhojpur.

... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-03-2024 Heard the learned counsel for the parties.

2. The following order was passed on 21.07.2023 in Cr. Misc. No. 38111 of 2023:- "Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is a lady who in custody since 25.03.2023 in connection with Agion Bazar P.S. Case No. 171/2022 registered for the offence punishable under Sections 442/120(B)/341/ 504/506/34 of the Indian Penal Code and Sction 25(1-b)a, 26/35 of the Arms Act.

As per the prosecution case, the victim of kidnapping was recovered from a dilapidated house in chain. Tape was also applied on his mouth. One co-accused was caught who has named the conspirators of the crime which includes the petitioner. The victim has also supported the fact that the petitioner has actively participated in the crime.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. It is further submitted that the petitioner has no knowledge about the alleged occurrence. He submits that the petitioner has never demanded money from the informant. The petitioner has no criminal antecedent.

The petitioner being a lady does not deserve any sympathy from this Court as has

Patna High Court CR. MISC. No.20138 of 2024(2) dt.13-03-2024 2/2 been advanced by the learned counsel for the petitioner. Learned counsel for the petitioner has also tried to convince this Court on the basis of the grant of bail of the two co-accused persons. When materials have come connecting this victim with the crime and the petitioner has actively participated in the kidnapping, I am not inclined to grant bail to this petitioner. This application is, accordingly, dismissed.

However, the trial court is directed to expedite the trial."

3. This Court finds no ground to review its earlier order.

4. This application is dismissed.

(Sandeep Kumar, J) Shishir/- U T