Raj Muni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24292 of 2024 Arising Out of PS. Case No.-293 Year-2016 Thana- BHAGWAN BAZAR District- Saran ====================================================== Raj Muni Devi wife of Late Sita Ram Ray Village- Daulatganj Ps- Bhagwan Bazar dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mili Kumari, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Bhagwan Bazar P.S. Case No. 293 of 2016 dated 15.10.2016, instituted for the offence punishable under Section 366 (A)/34 of the Indian Penal Code.

3. The prosecution case, in short, is that the informant, who is a divorced lady has one daughter. On 02.10.2016 while informant's daughter went for her coaching class, she did not return. On searching, the informant came to know that her friend and her associate Deepak Rai and his mother with the help of others have disappeared her daughter by inducement.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this

Patna High Court CR. MISC. No.24292 of 2024(2) dt.01-05-2024 2/3 case. It is submitted that allegation is against co-accused Guriya, who is full sister of the informant. The co-accused Deepak Rai, is a close aid to the said Guriya and the petitioner is the mother of the said Deepak Rai. It is submitted that the victim has been recovered and she has given her statement under Section 164 Cr.P.C. in which she has levelled allegation against co-accused Deepak Rai. It is submitted that the said Deepak Rai is on bail in the present case. It is also submitted that recently in the month of November, 2023 non-bailable warrant was issued against her by the learned trial court then she approached for grant of anticipatory bail. It is submitted that there is no material against the petitioner. Only on the basis of the petitioner being the mother of the said co-accused Deepak Rai, she has been made accused in this case. Lastly, it has been submitted that she is aged about 64 years having 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 Bhagwan Bazar P.S. Case No. 293 of 2016, she shall be released on anticipatory bail upon furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.24292 of 2024(2) dt.01-05-2024 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U T