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Patna High CourtCR. MISC./27292/2023allowed

Chinta Devi v. The State Of Bihar

2023-07-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27292 of 2023 Arising Out of PS. Case No.-431 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Chinta Devi Wife Of Ramchandra Paswan Resident Of Village-Chandwara Jhitkahi, P.S.-Ahiyapur, District-Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dr. Bipin Chandra For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A, of the Indian Penal Code.

As per FIR, the allegation against the petitioner is that she sold the daughter of the informant for the purpose of ulterior motives.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case merely on the basis of suspicion. The petitioner has got no criminal antecedent. As per statement of the victim recorded under Section 164

Patna High Court CR. MISC. No.27292 of 2023(3) dt.27-07-2023 2/2 of the Cr.P.C., which is annexed with case diary, wherein she has not specifically stated about any physical misbehave and physical assault against the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 16.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the victim is minor girl and the petitioner took her due to ill motive. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody and being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ahiyapur P.S. Case No. 431 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur.

(Sunil Kumar Panwar, J) Manishkumar/- U T