Reena Devi @ Lalita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29678 of 2023 Arising Out of PS. Case No.-221 Year-2019 Thana- MANSI District- Khagaria ====================================================== Reena Devi @ Lalita Devi, Wife Of Vijay Singh Resident Of Village - Badiya, P.S.- Maheshkhunt, District - Khagaria ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishweshwar Ram For the Opposite Party/s :
Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 323, 341, 380, 366A, 504, 34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and the informant alleges that he married Sunita Devi in the Year 2006, out of the wedlock two sons and a daughter was born. Further, his wife developed illicit relationship with Sumit Kumar and it is alleged that the petitioner misguided his wife. It is next alleged that his wife fled with Sumit Kumar on 14.06.2019 along with her ornaments and cash of Rs.50,000/-. Thereafter, his sons and daughter were kidnapped from
Patna High Court CR. MISC. No.29678 of 2023(2) dt.26-07-2023 2/3 coaching Centre on 14.06.2019 itself by the accused persons and when on 03.08.2019, he went to the house of Sumit Kumar to bring back his children, he was abused and threatened.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the date of occurrence is 14.06.2019 and a complaint came to be filed on 06.08.2019 i.e. after a delay nearly more than 54 days and thereafter, the F.I.R. was instituted on 18.09.2019. It is next submitted that petitioner has no concern either with the informant or Sumit Kumar and Sunita Devi. It is also submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that a bald allegation has been alleged against the petitioner that she misguided his wife in developing illicit relationship with Sumit Kumar.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees
Patna High Court CR. MISC. No.29678 of 2023(2) dt.26-07-2023 3/3 Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Mansi P. S. Case No.221 of 2019, G. R. No.2801 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T