Kiran Devi @ Pooja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24561 of 2023 Arising Out of PS. Case No.-468 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Kiran Devi @ Pooja Devi W/O- Chunchun Paswan Village- Arnia PsJandaha Dist- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Bela Singh, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-07-2023

1. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The present case has been heard out of turn as petitioner is a lady having minor child.

4. The petitioner seeks bail in connection with Mahua P.S. Case No. 468 of 2019 registered for the offence under Sections 363 and 364 of the Indian Penal Code.

5. The accused/petitioner is named in the F.I.R. and is in custody since 30.10.2022.

6. The allegation against the petitioner is to kidnap the minor daughter of informant aged about six months.

7. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.24561 of 2023(3) dt.21-07-2023 2/3 petitioner submitted that petitioner is the cousin sister of informant and out of local dispute and differences, present false implication was raised. It is submitted that the maximum implication against this petitioner was that main co-accused Nilam Devi, who was alleged to kidnap the minor daughter of informant named this petitioner as proposed visitor, where nothing surfaced during the course of investigation suggesting incrimination of this petitioner. While concluding the argument, it has been submitted that petitioner is a lady of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

8. Learned APP opposes the prayer of bail.

9. Considering the facts and circumstances as mentioned above, as the thrust of allegation regarding kidnapping is available against co-accused Nilam Devi, where petitioner is a lady of clean antecedent coupled with the fact that charge-sheet has already submitted, where she is in custody since 30.10.2022, accordingly, above named petitioner is directed to be released on bail in connection with Mahua P.S. Case No. 468 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like

Patna High Court CR. MISC. No.24561 of 2023(3) dt.21-07-2023 3/3 amount each to the satisfaction of learned Judicial Magistrate1st Class, Vaishali at Hajipur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T