Chinta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24788 of 2020 Arising Out of PS. Case No.-2 Year-2019 Thana- BISFI District- Madhubani ====================================================== Chinta Devi, Wife of - Ratan Paswan Resident of Village - Sasarma, P.S. - Bisfi, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Mohan Jha, Adv.
For the Opposite Party/s :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-01-2021 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of anticipatory bail apprehending her arrest in connection with Bisfi P.S. Case No.02 of 2019 registered under sections 363, 366A and 34 of the Indian Penal Code and section 12 of the POCSO Act.
As per allegation in the FIR, it is stated by the informant that his 14 years old minor daughter had gone to ease herself, but did not return. It is stated that Arjun Paswan kidnapped her for the purpose of marriage and the accused persons including the petitioner herein who happens to be the mother of Arjun Paswan have a hand in the kidnapping. It is submitted by learned counsel for the petitioner, that the petitioner is an old lady who has been falsely implicated
Patna High Court CR. MISC. No.24788 of 2020(3) dt.08-01-2021 2/3 in this case only for the reason that she happens to be the mother of the aforesaid Arjun Paswan. The daughter of the informant returned and her statement was recorded under section 164 Cr.P.C. Referring to the contents of the statement it is submitted that no role has been assigned to this petitioner except that she had gone with the girl and had handed her over to her son. It is submitted that the story as made out and the allegation as levelled against this petitioner is improbable and the petitioner being a lady having no criminal antecedent be enlarged on bail. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties, and taking into consideration the fact that the daughter of the informant has returned together with the contents of the statement under section 164 Cr.P.C and the petitioner being a lady, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of her arrest or surrender in connection with Bisfi P.S. Case No.02 of 2019 she will be enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.24788 of 2020(3) dt.08-01-2021 3/3 A.D.J., Ist, Madhubani, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
It is further directed that the petitioner shall fully cooperate at all subsequent stages of the case. (Partha Sarthy, J) Prakash Narayan /- U T