Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36343 of 2023 Arising Out of PS. Case No.-302 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

Manju Devi Wife of Kishan Kumar Yadav R/o Village - Sakarbasa, P.S.- Cheria Bariyarpur, Dist.- Begusarai 2.

Kishan Kumar Yadav @ Krishan Kumar Yadav Son of Dahaur Yadav R/o Village - Sakarbasa, P.S.- Cheria Bariyarpur, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 363, 365 and 120(B) of the Indian Penal Code. As per FIR, the allegation against the petitioners is of kidnapping the three minor grand-daughters of the informant whose age are 15 years, 10 years and 6 years. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Petitioner no. 1 is wife of petitioner no. 2 and for the same offence, both have been falsely implicated in this case due

Patna High Court CR. MISC. No.36343 of 2023(4) dt.07-08-2023 2/3 to dirty village politics. All the victim girls were recovered and their statements were recorded under Section 164 of the Cr.P.C., which is annexed with the case diary, wherein they have not whispered about the complicity of the petitioners. They have clearly stated that the petitioner No.1 Manju Devi took away the victims girls to mother with a good intention because relation between the mother and father of victims was bitter at home and their father solemnized another marriage with another woman. The mother of the victims and petitioner No.1 Manju Devi were working at Panipat, so on the basis of humanitarian ground they all were going with mother of victims to Panipat and when she knew about the case has been instituted by the grandfather of the victims, she returned with the victims and handed over them to police station. The petitioners have no criminal antecedent as stated in para 3 of the petition. It is further submitted that the petitioners are languishing in judicial custody since 12.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.36343 of 2023(4) dt.07-08-2023 3/3 considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Cheria Bariyarpur P.S. Case No. 302 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Manjhaul, Begusarai.

(Sunil Kumar Panwar, J) lata/- U T