Devanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26117 of 2025 Arising Out of PS. Case No.-399 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== 1.
Devanti Devi W/o Bhushan Singh@Shashi Bhushan Singh R/o Vill- Patedha Jairam, P.S.- Belsar, District- Vaishali.
2.
Rupam Devi D/o Bhushan Singh@Shashi Bhushan Singh R/o Vill- Patedha Jairam, P.S.- Belsar, District- Vaishali.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Maimul Begam, W/o- Md Ishak Resident of Vill- patedha Jairam, P.S. Belsar (O.P.), District- Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shyamli Kumari, Advocate :
Mr. Sunil Kumar Singh, Advocate For the State :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-08-2025 Heard Ms. Shyamli Kumari, learned counsel for the petitioners and Mr. Ranjit Kumar, learned counsel representing the informant beside Mr. Bharat Bhushan, learned APP.
2. The petitioner are apprehending their arrest in connection with Vaishali (Belsar O.P) P.S. Case No. 399 of 2023 registered for the offence under Sections 363, 366(A) and 34 of the Indian Penal Code, lodged on 15.09.2023 by the informant, Maimul Begam.
3. As per the prosecution story, the informant alleged that when she was sleeping alongwith her family members, Ajay Kumar Singh kidnapped the victim daughter with an intention to
2/4 marry. This followed the F.I.R.
4. Learned counsel for the petitioners submit that due to confusion, the case was lodged. Subsequently, they came to terms and signed compromised petition which is part of the record as Annexure-3. It is further contention of the petitioner that he has absolutely no criminal antecedent that the petitioners have no criminal antecedent, are family members, all the photos/videos relating to the victim stands deleted and the same be recorded in the petition and if it is found that false instruction was given by the accused side, the prosecution side/informant shall be free to take steps for cancellation of the bail bond, if granted relief.
5. The informant has appeared and endorses the fact that a compromise petition has been prepared which is part of the record but apprehends that some videos photos were there with them but now that the undertaking has come he has no objection.
6. Taking into account the aforesaid facts as also that pursuant to the last rejection of the anticipatory bail of the petitioners on 21.11.2024, certain developments have taken place, both the petitioners are lady having no criminal antecedent, have undertaken to have no truck with the victim, in
3/4 that background, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, First Class, Vaishali at Hajipur, in connection with Vaishali (Belsar O.P) P.S. Case No. 399 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T