Kaushalya Devi @ Shyam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32090 of 2024 Arising Out of PS. Case No.-604 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== Kaushalya Devi @ Shyam Devi Wife of Gagan Paswan Resident of Village - Adalpur, P.S. - Sursand, District - Sitamarhi, Bihar ... ... Petitioner/S

Versus

1.

The State of Bihar 2.

Shail Devi Wife of Satrughan Bhagat Resident of Village - Adalpur, Ward No.2, P.S. - Sursand, District - Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate :

Ms. Diksha Kumari, Advocate :

Mr. Arvind Kumar, Advocate :

Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-09-2024 Heard learned senior counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Sursand P.S. Case No. 604 of 2023, registered for the offences punishable under Sections 363, 366(A), 365 and 34 of the Indian Penal Code and Sections 3, 4 and 6 of the POCSO Act.

3. As per allegation, the petitioner along with other co-accused persons kidnapped the informant's minor daughter, when she had gone to her school.

4. Learned senior counsel for the petitioner has

Patna High Court CR. MISC. No.32090 of 2024(4) dt.03-09-2024 2/2 submitted that the son of the petitioner namely, Bittu Paswan has solemnized marriage with the alleged victim. In this regard, an affidavit has been filed. He also submits that the petitioner is innocent and has falsely been implicated in the present case merely because she is mother of main accused Bittu Paswan. She is under custody since 01.12.2023.

5. On the other hand, Mr. J.N. Thakur, learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J. VIcum-Special Judge, POCSO Act, Sitamarhi in connection with Sursand P.S. Case No. 604 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court. (Nawneet Kumar Pandey, J) priyanka/AKV U T