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Patna High CourtCR. MISC./28728/2022allowed

Lal Muni Devi v. The State Of Bihar

2022-09-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28728 of 2022 Arising Out of PS. Case No.-22 Year-2021 Thana- KATRA District- Muzaffarpur ====================================================== LAL MUNI DEVI W/o Rambabu Rai R/o village- Bisautha, P.S.- Katra, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2022 Heard both sides.

The petitioner apprehends her arrest in connection with Katra P.S. Case No.22 of 2021, registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.

Petitioner is said to have helped her son, Ashok Kumar Rai in kidnapping of the daughter of the informant for the purpose of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the petitioner is mother of co-accused, Ashok Kumar Rai. No specific overt act is

Patna High Court CR. MISC. No.28728 of 2022(2) dt.06-09-2022 2/2 alleged against the petitioner. It is further submitted that the statement of the victim was recorded under Section 164 of the Code of Criminal Procedure in which she has not alleged anything against the petitioner.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner and submitted that petitioner has helped her son in kidnapping of daughter of the informant. Taking into consideration the facts aforesaid, let petitioner, above named, in the event of her arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Katra P.S. Case No.22 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) Sanjay/- U T