Malti Devi @ Manti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23034 of 2025 Arising Out of PS. Case No.-85 Year-2024 Thana- TISIAUTA District- Vaishali ====================================================== Malti Devi @ Manti Devi W/o Dinesh Singh R/V Dabainch, PS- Taisiyota, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshul, Sr. Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-07-2025 Heard Mr. Anshul, learned Senior counsel for the petitioner duly assisted by Ms. Ginni Priya as also Mr. Madan Kumar, learned counsel for the State.
2. The petitioner is apprehending her arrest in connection with Tisiauta P.S. Case No. 85 of 2024 for the offence under sections 96 and 3(5) of the BNS lodged on 01.08.2024 by the informant, Ranjeet Kumar Singh.
3. As per the prosecution story, the informant alleged that his daughter was returning home after completing her coaching when the accused persons intercepted and took her in a vehicle. This include Krish Kumar @ Chhotu, Jitendra Singh, Subodh Singh and the petitioner herein (Malti Devi). This led to the FIR.
4. Learned Senior counsel for the petitioner submits
Patna High Court CR. MISC. No.23034 of 2025(3) dt.23-07-2025 2/3 that subsequently, the girl returned and though she has supported the prosecution story, the fact remains that she had relationship with Krish Kumar and only as an afterthought, this exaggerated FIR, implicating the other accused persons. The fact remains that the FIR has been lodged after delay of six days shows that the innocents have been implicated and the last submission is that Jitendra Singh who has also been named alongwith Malti Devi (petitioner herein) has been granted relief by a Coordinate Bench in Cr. Misc. No. 9246 of 2025.
5. Learned APP opposes the prayer submitting that she has been named in the FIR alongwith Krish Kumar and others.
6. Considering the submission of the parties as also the fact that the petitioner is a lady, having no criminal antecedent, one of the similar placed accused has been granted relief, as stated above, in that background, this Court is inclined to extend her the privilege of anticipatory bail with conditions.
7. Let the petitioner 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) with two sureties of like amount each to the satisfaction of learned CJM, Vaishali in connection with Tisiauta
Patna High Court CR. MISC. No.23034 of 2025(3) dt.23-07-2025 3/3 P.S. Case No. 85 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner 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 her bail bond by the Trial Court itself;
(iii) the petitioner 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;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U T