← Library
Patna High CourtCR. MISC./20243/2023allowed

Kedali Devi v. The State Of Bihar

2023-05-19Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20243 of 2023 Arising Out of PS. Case No.-837 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Kedali Devi W/O Raju Sahni Resident Of Village- Amaitha, P.S- Saraiya (JAITPUR O.P), Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A/34 of the Indian Penal Code.

As per FIR, the allegation against the petitioner along with co-accused persons is that they forcibly kidnapped her daughter.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. she has falsely been implicated in this case due to dirty village politics. There is no specific allegation of kidnapping attributed against the petitioner rather general and omnibus

Patna High Court CR. MISC. No.20243 of 2023(2) dt.19-05-2023 2/3 allegation attributed against her and FIR has also been lodged after delay of five days. It is apparent from the impugned order wherein the victim has not stated about the complicity of the petitioner in this alleged occurrence. She has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 14.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 837 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, West Muzaffarpur. (Sunil Kumar Panwar, J) Manishkumar/- U T

Patna High Court CR. MISC. No.20243 of 2023(2) dt.19-05-2023 3/3