Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29297 of 2024 Arising Out of PS. Case No.-453 Year-2023 Thana- MINAPUR District- Muzaffarpur ====================================================== Sita Devi WIFE OF RAMANAND SAHNI Resident of Village- Dumaria, P.S. Minapur (Panapur O.P.), District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Mr. Chandra Bhushan Prasad. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366A, 120B and 34 of the Indian Penal Code.

3.

The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and has been falsely implicated in the instant case by the informant for reasons best known to her. It is next submitted that the informant alleges that her daughter, aged about 17 years, on 2010-2023, after informing her, had gone to a temple for worshipping but did not return till 5 pm, thereafter, a hectic search was made but then the victim was not located, thus alleges that the accused person, including the petitioner, in

Patna High Court CR. MISC. No.29297 of 2024(2) dt.16-04-2024 2/3 conspiracy, got the victim kidnapped for the purposes of marriage. The learned counsel submits that from perusal of the allegation as alleged in the FIR, it would manifest that the entire allegation hinges around suspicion. It is next submitted that the victim, who had reached the age of discretion, as disclosed in the FIR itself, was in love with one Govind Kumar, but both belonged to different castes, which was being opposed by the family members of the victim, as such, it appears that the victim eloped with Govind, but they are traceless. It is also submitted that the petitioner is neither related to Govind nor has any connection with the family of Govind in any manner, but being neighbour of Govind, she has been implicated with general and omnibus allegations.

4.

The learned APP, Mr. Chandra Bhushan Prasad, opposes the anticipatory bail application and submits that in the event if the privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond, on which the learned counsel for the petitioner submits that petitioner will not abscond, rather will cooperate in the investigation. 5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court

Patna High Court CR. MISC. No.29297 of 2024(2) dt.16-04-2024 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Minapur (Panapur O.P.) P.S. Case No. 453 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6.

However, it is made clear that in the event if the investigating officer of the case files an application before the learned trial court bringing to its notice that petitioner, despite giving assurance to this court, is not cooperating in the investigation or is not presenting herself when required, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner after recording the reason.

7.

Let a copy of this order be sent to the concerned PS through the learned trial court.

(Satyavrat Verma, J) SUMIT/- U T