Kalpna Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29538 of 2023 Arising Out of PS. Case No.-32 Year-2022 Thana- SIMRA District- West Champaran ====================================================== KALPNA DEVI WIFE OF LAV KUMAR VISWASH @ LAV VISHWASH R/O-WARD NO. 2, ARBIND NAGAR COLONY, P.O.-SEMRA MEDAUL, P.S.-SEMRA, DISTT.-WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Adv.

For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 363, 366(A)/34 of the IPC and 8 of POCSO Act.

3.

Allegation against the petitioner is that she along with other accused persons kidnapped the daughter of the informant and she was later on recovered from the house of one Kishan Kumar.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken

Patna High Court CR. MISC. No.29538 of 2023(3) dt.07-08-2023 2/2 place. It is submitted that after investigation, police has filed final form but the learned Court below differing with the same, took cognizance against the petitioner. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Semra P.S. Case No.32 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T