Maracho Devi @ Mamta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18931 of 2022 Arising Out of PS. Case No.-106 Year-2020 Thana- KATHAIYA District- Muzaffarpur ====================================================== MARACHO DEVI @ MAMTA DEVI W/O SUKHARI RAI R/O VILLAGETHATIYAN, P.S.- KATHAIYA, DISTRICT- MUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raju Kumar For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kathaiya P.S. Case no. 106 of 2020 instituted for the offence under Sections 366A/34 of the Indian Penal Code. It is a case of abduction of the minor daughter of the informant for marriage purpose by co-accused Rajiv Kumar and petitioner is his mother.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Specific allegation of abduction is against co-accused Rajeev Kumar. Petitioner is mother of the main accused. She is not active participant in the alleged crime.
Patna High Court CR. MISC. No.18931 of 2022(2) dt.20-09-2022 2/2 Learned APP appearing for the State has opposed the prayer of Bail and submitted that victim girl has not recovered as yet.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kathaiya P.S. Case no. 106 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U