Sanju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23443 of 2023 Arising Out of PS. Case No.-190 Year-2022 Thana- KUTUMBA District- Aurangabad ====================================================== SANJU DEVI W/o Chittranjan Sav @ Chittranjan Saw R/o Village Dewriya, P.S.-Kutumba, District-Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Kutumba PS case no. 190 of 2022, registered for the offences punishable under Section 366 and other allied sections of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having kidnapped the victim girl. The learned counsel for the petitioner submits that the petitioner is innocent, she has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has referred to the statement made by

Patna High Court CR. MISC. No.23443 of 2023(2) dt.24-06-2023 2/3 the victim girl under Section 164 Cr.P.C., before the learned Magistrate to submit that not only the victim girl is a major but she has also stated that she had voluntarily fled away from her home and then solemnized marriage with the accused person namely Sonu Kumar and she is living happily with him as husband and wife and a false case has been lodged against her husband.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the statement made by the victim girl under Section 164 Cr.P.C. before the learned Magistrate, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.23443 of 2023(2) dt.24-06-2023 3/3 Chief Judicial Magistrate, Aurangabad in connection with Kutumba PS case no. 190 of 2022, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T