Tetari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27166 of 2022 Arising Out of PS. Case No.-197 Year-2021 Thana- BUXAR MUFFSIL District- Buxar ====================================================== TETARI DEVI WIFE OF SANJAY CHAUHAN @ SANJU CHAUHAN RESIDENT OF VILLAGE- MAHDAH , P.S- BUXAR (MUFASSIL) , DISTBUXAR (BIHAR) ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Roy, Advocate For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-09-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing in view of the COVID 19.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is an accused in connection with Buxar (Mufassil) P.S. Case No. 197 of 2021 under Sections 366 (A)/34 of the Indian Penal Code.
The allegation in the FIR against the petitioner is that she came to her house and after putting her son in the room took away her minor daughter. His son anyhow managed to come out of the home and thereafter the petitioner was enquired about the whereabouts of the girl but she failed to give any
Patna High Court CR. MISC. No.27166 of 2022(3) dt.16-09-2022 2/2 satisfactory answer. Accordingly, the present FIR was lodged. Learned counsel for the petitioner submits the informant may have removed her daughter and implicated this petitioner because she had taken some money from her and the petitioner was insisting for return of the amount. Per contra, learned APP for the State submits that there is direct allegation against the petitioner that she had taken the victim girl after locking the informant's son in the room. Since the girl had not been recovered, it will not be appropriate to release her on bail.
Taking into account that there is direct allegation against the petitioner of abducting informant's minor daughter who has still not been recovered, this Court is not inclined to grant him privilege of bail which is accordingly rejected. (Rajiv Roy, J) Jagdish/NehaU T