Babali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29312 of 2021 Arising Out of PS. Case No.-222 Year-2015 Thana- SARAIYA District- Muzaffarpur ====================================================== BABALI DEVI Wife of Shiv Shankar Ram, Resident of Village- Ratanpur Dihi, Police Station- Saraiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Shamimul Hoda, Adv.

For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-11-2021 Heard the parties.

The petitioner is apprehending her arrest in connection with Saraiya P.S. Case No.222/2015, registered for the offence punishable under Sections 363, 365 of the Indian Penal Code.

The allegation against the petitioner alogwith other accused persons is said to have kidnapped the son of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to family dispute. The FIR is against unknown persons. The husband of the petitioner and the father of victim boy are full brothers. He further submits that children of the family went to purchase sugar and the victim was going on by cycle and due

Patna High Court CR. MISC. No.29312 of 2021(3) dt.30-11-2021 2/2 to accident he fell in the river. The son of the petitioner has been acquitted from the court of J.J.Board, Muzaffarpur. Learned APP for the State vehemently opposes the prayer for bail of the petitioner.

In the aforesaid facts, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., West Muzaffarpur in connection with Saraiya P. S. Case No. 222/2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sandeep Kumar, J) amitkumar/- U T