Ramawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31046 of 2025 Arising Out of PS. Case No.-126 Year-2024 Thana- PATKHAULI District- West Champaran ====================================================== Ramawati Devi Wife of Jiut Rai Resident of Village - Machhargawa, Police Station - Bagaha, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2025 Heard learned counsel for the petitioner and Mr. Pramod Kumar Pandey, learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offence under Sections 137(2), 96, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, informant, namely Samullah Devan, alleged that on 02.09.2024 at about 6 AM, his 14 year old daughter was kidnapped from the market by coaccused Sunil Kumar and Niraj Kumar for the purpose of marriage. It is further alleged that when informant went to complain, this petitioner along with other co-accused persons abused and threatened the informant.

4. Learned counsel for the petitioner submits that from bare perusal of the F.I.R. it is apparent that specific accusation of kidnapping minor daughter of informant is against co-accused Sunil Kumar and Niraj Kumar. Petitioner happens to

Patna High Court CR. MISC. No.31046 of 2025(2) dt.21-07-2025 2/2 be mother of co-accused Sunil Kumar and there is no specific accusation of kidnapping against her (this petitioner). Allegation is general and omnibus. Similarly situated co-accused, namely, Shila Devi has already been granted anticipatory bail by this Hon'ble Court vide order dated 08.04.2025 passed in Cr. Misc. No. 17490 of 2025. Petitioner is lady and claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposes the bail application.

6. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged 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 Additional Chief Judicial Magistrate 1st, Bagaha, West Champaran in connection with Patkhauli P. S. Case No. 126/2024, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) anay U T