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Patna High CourtCR. MISC./20631/2025bail granted

Maniyan Devi @ Paniyan Devi @ Punam Devi v. The State Of Bihar

2025-04-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20631 of 2025 Arising Out of PS. Case No.-248 Year-2024 Thana- MURLIGANJ District- Madhepura ====================================================== Maniyan Devi @ Paniyan Devi @ Punam Devi W/O Rajesh Ram R/O Village- Kolhaypatti, P.S- Murliganj, Distt.- Madhepura. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 366A/34 of the Indian Penal Code.

3. As per the prosecution case, while informant's minor sister had gone out for walk from her maternal uncle's house and did not return, informant started searching her and in course of search, he came to know that co-accused Gaurav Kumar along with his mother (the petitioner) and three unknown persons kidnapped his minor sister.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case because she is mother of co-accused Gaurav Kumar. The victim in her statement recorded under section 183 Bharatiya Nagarik Suraksha Sanhita, 2023 has

Patna High Court CR. MISC. No.20631 of 2025(2) dt.23-04-2025 2/2 denied the factum of kidnapping and has stated that on her own accord, she went with Gaurav Kumar and solemnized marriage with him. F.I.R. has been lodged after delay of four days without any explanation which renders the entire prosecution case doubtful. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Madhepura in Murliganj Police Station Case No. 248 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T