Patna High CourtCR. MISC./31921/2024bail granted

Sunita Devi @ Sunita Kumari v. The State Of Bihar

2024-05-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31921 of 2024 Arising Out of PS. Case No.-35 Year-2023 Thana- BAKHARI District- Begusarai ====================================================== Sunita Devi @ Sunita Kumari Wife Of Jhuno Sah Resident Of Village - Ward No.5, Bachhauta, P.S. - Morekahai, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal, Advocate For the Opposite Party/s :

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bakhri P.S. Case No. 35 of 2023 dated 15.02.2023 registered for the offences punishable u/ss 363 and 365 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has submitted that the victim is not traceless. The victim in her statement recorded u/s 164 of the

Patna High Court CR. MISC. No.31921 of 2024(2) dt.07-05-2024 2/2 Cr.P.C. has not stated that she was forced to have illicit intercourse with another person. It is further submitted that the victim did not make any alarm while she was taken to Ludhiana, which creates doubt upon the prosecution case. The petitioner is a lady. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.07.2023..

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Bakhri P.S. Case No. 35 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T