Naina Devi @ Naina Vivek Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22772 of 2024 Arising Out of PS. Case No.-443 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== NAINA DEVI @ NAINA VIVEK CHAUDHARY W/O KESHAV KUMAR @ KESHAV THAKUR R/O VILLAGE- RAJWARA, P.S- BARAUNI (GARHARA), DISTT.- BEGUSARAI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suneil Kumar Thakur For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-07-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Barauni (Garhara) Police Station Case No. 443 of 2023, dated 25.08.2023, disclosing offences under Sections 363/366/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the petitioner, who is the negihbour of co-accused Mani Kumar, has supported in the abduction/kidnapping of the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner has been made accused merely because she happens to be the neighbour of co-accused Mani Kumar

Patna High Court CR. MISC. No.22772 of 2024(3) dt.26-07-2024 2/3 with whom the daughter of the informant had love relationship and eloped with him. He next submits that the father-in-law and mother-in-law of the petitioner, who have also been made accused in this case, along with the petitioner, with the allegation that they supported Mani Kumar in kidnapping of the minor daughter of the informant, have been granted anticipatory bail by this Court in Cr. Misc. No. 6549 of 2024.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that similar situated co-accused persons, namely, Sudhir Thakur and Jyoti Devi, who happens to be the father-inlaw and mother-in-law of the petitioner, have been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Barauni

Patna High Court CR. MISC. No.22772 of 2024(3) dt.26-07-2024 3/3 (Garhara) Police Station Case No. 443 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T