Patna High CourtCR. MISC./22137/2024bail granted

Nirjala Devi v. The State Of Bihar

2024-03-20Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22137 of 2024 Arising Out of PS. Case No.-239 Year-2022 Thana- BALIYA District- Begusarai ====================================================== Nirjala Devi WIFE OF RANJIT PASWAN RESIDENT OF VILLAGEKARIM TOL, PO AND PS- VIRPUR, DISTT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Suman, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Balia P.S. Case No. 239 of 2022 dated 01.09.2022, instituted for the offence punishable under Sections 363, 366A/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on 28.08.2022, when the informant's daughter (minor) had gone to her tuition at about 06:30 am, she was kidnapped by an accused, namely, Prince Kumar along with the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is submitted that the main allegation is against Prince Kumar and the F.I.R. has been lodged against five persons including the mother of the said Prince Kumar. It is submitted that other co-accused, namely, Akhilesh Kumar Bharti and

Patna High Court CR. MISC. No.22137 of 2024(2) dt.20-03-2024 2/2 Abhishek Kumar has been granted bail by this Court vide order dated 19.08.2023 passed in Criminal Miscellaneous No. 51091 of 2023. It is further submitted that another co-accused Shivchandra Paswan has been granted bail vide order dated 12.05.2023 by a co-ordinate Bench of this Court passed in Criminal Miscellaneous No. 26325 of 2023. Lastly, it has been submitted that she has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Balia P.S. Case No. 239 of 2022, she shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Begusarai, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U T