Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23005 of 2023 Arising Out of PS. Case No.-13 Year-2017 Thana- PARSAUNI District- Sitamarhi ====================================================== SITA DEVI Wife of Nandlal Rai R/V- Bhagwanpur PS- Parsauni,DistSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 364, 365, 367, 368, 370, 374, 120(B) of the Indian Penal Code. According to complaint, prosecution case relates to abduction of son of the complainant namely, Baijnath Rai. The complainant alleged the petitioner after hatching conspiracy went with his son to Delhi and since then, complainant's son was not traced out. It is also alleged that the son of the complainant might be killed by the accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. It

Patna High Court CR. MISC. No.23005 of 2023(3) dt.20-07-2023 2/3 is further submitted that no one saw the petitioner going with the victim/son of complainant to Delhi rather it was wish of the complainant that his son Baijnath Rai accompanied the petitioner to Delhi for doing work in year of 2016 but during investigation, the fact came into light that the son of complainant went at Delhi for doing work in year of 2013. No any consistent material has come against the petitioner regarding abduction of the complainant son. The petitioner is a lady and she has no concern with with the victim or complainant in any manner. The petitioner has got no criminal antecedent as stated in para-3 of the petition. It is further submitted that the petitioner is languishing in judicial custody since 24.1.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the fact that the petitioner, being a lady as well as her period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Parsauni P.S. Case No. 13 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.23005 of 2023(3) dt.20-07-2023 3/3 satisfaction of learned Judicial Magistrate, 1st Class, Sitamarhi, concerned Court.

(Sunil Kumar Panwar, J) lata/- U T