Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27866 of 2020 Arising Out of PS. Case No.-30 Year-2020 Thana- MARAUNA District- Supaul ====================================================== SHANTI DEVI Wife of Ramesh Mukhiya Resident of Village- Parikoch, Police Station- Marauna, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr. Amitesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Amitesh Kumar, the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Marauna P.S. Case No. 30 of 2020 for the offence registered under Sections 366A/34 of the Indian Penal Code. The allegation is regarding sister of the informant having gone to the market on 08.02.2020 at about 11:00 a.m., however, when she did not return back, search was made and it transpired that the victim girl has been kidnapped for the purposes of raping her and forcibly marring her, by one Umesh

Patna High Court CR. MISC. No.27866 of 2020(2) dt.04-11-2020 2/3 Mukhiya, son of Raja Ram Mukhiya. It is further alleged that when the informant had enquired about the victim girl from the said accused persons, they had said that they would not disclose the whereabouts of the sister of the informant. It is also alleged that the petitioner along with other accused persons had conspired and kidnapped the sister of the informant. The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner is languishing in custody since 06.03.2020. Lastly, it is submitted that the petitioner is the sister-in-law of the main accused Umesh Mukhiya and she has got nothing to do with the alleged occurrence. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration as also the fact that the petitioner is merely the sister-in-law of the main accused person who is stated to be having complicity in the matter, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Patna High Court CR. MISC. No.27866 of 2020(2) dt.04-11-2020 3/3 Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Supaul in connection with Marauna P.S. Case No. 30 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T