Kalyani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30177 of 2021 Arising Out of PS. Case No.-248 Year-2020 Thana- KASIMBAZAR District- Munger ====================================================== Kalyani Devi, W/o- Manoj Yadav @ Manna Yadav @ Manoj Kumar, Resident of Village- Naulakha, P.S.- Kasim Bazar, District- Munger. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-03-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner apprehends his arrest for the offences alleged under Sections 506,504,366A,120B of the IPC and 8/12 POCSO Act, registered in connection with Kasim Bazar P.S. Case No.248 of 2020.
Learned counsel for the petitioner has submitted that the allegation of kidnapping is against co-accused Nitesh Kumar @ Chippu who is son of the present petitioner. The victim in her statement under Section 164 of the Code of Criminal Procedure has not taken the name of the present petitioner, rather she has levelled allegation only against
Patna High Court CR. MISC. No.30177 of 2021(2) dt.11-03-2022 2/2 co-accused Nitesh Kumar @ Chippu of kidnapping. Considering these facts, investigating authorities have submitted final form against the present petitioner, but the cognizance was taken also against her.
Considering the above-mentioned facts and circumstances specially the fact that the victim has not taken the name of the present petitioner, let the petitioner above named, in the event of his arrest or surrender within three weeks from the date of communication of this order be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, VIth -cum- Exclusive Special Judge (POCSO Act) Munger in connection with Kasim Bazar P.S. Case No.248 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Office shall ensure that all the defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey , J) Prakash Narayan /- U T