Asha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27011 of 2024 Arising Out of PS. Case No.-462 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Asha Devi W/O Mukesh Kumar Kushwaha R/O Vill. - Phulwariya, P.S - Sugauli, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Ms. Rashmi Jha, Advocate For the State :
Md. Mushtaque Alam, APP For the Informant :
Mr. Manjeet Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2024 Heard learned counsels for the parties.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 363, 364, 506 and 34 of the Indian Penal Code.
3. As per prosecution case, all the F.I.R. named accused persons kidnapped the son of the informant.
4. It is submitted by learned counsel appearing on behalf of the petitioner that this petitioner is neither named in the F.I.R. nor any suspicion has been raised against her. Name of the petitioner has transpired in this case during course of investigation only on the basis of confessional statement of coaccused Akhilesh Bhagat. Except confessional statement, there is no evidence or material to show the accomplice of this petitioner in the alleged occurrence. Petitioner is a lady and
Patna High Court CR. MISC. No.27011 of 2024(3) dt.10-07-2024 2/2 claims clean antecedent.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Motihari, East Champaran, in connection with Sugauli P.S. Case No. 462 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T