Umrawti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28786 of 2021 Arising Out of PS. Case No.-60 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== UMRAWTI DEVI W/o Late Omprakash Yadav R/o village- Naurahi, Telua, P.S.- Nautan, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nautan P.S. Case no. 60 of 2020 instituted for the offence punishable under Section 366(A)/34 of the Indian Penal Code. As per allegation in the FIR, when the minor sister of the informant, aged about 14 years, went to response nature's call, son of the petitioner, namely, Pawan Kumar abducted her with a view to marry along with co-accused Jitendra Kumar.

Patna High Court CR. MISC. No.28786 of 2021(2) dt.07-02-2022 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. She was not present on spot. Specific allegation is against co-accused pPawan Kumar and petitioner is his mother. She has got no criminal antecedent. Learned APP appearing for the State has opposed the prayer of bail and submitted that in the statement of the victim girl recorded under Section 164 Cr.P.C., she has stated about complicity of the petitioner in her kidnapping. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and taking into consideration that petitioner was also involved in kidnapping in the minor girl, I am not inclined to grant bail to the petitioner and, as such, her application for bail is rejected. However, if the petitioner surrenders and prays for regular bail, the same shall be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U