Patna High CourtCR. MISC./38702/2024bail granted

Anita Devi v. The State Of Bihar

2024-10-03Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38702 of 2024 Arising Out of PS. Case No.-292 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== Anita Devi W/O Late Virchandar Pandit Resident of Village Suratpur Vidya P.S. Mahua District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh, Adv.

For the Opposite Party/s :

Mrs. Gulnar Begum,vAPP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rajapakar P.S. Case No. 292 of 2023 dated 15.08.2023 registered for the offences punishable u/ss 366A, 363 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant with bad intention.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The occurrence took place on 05.07.2023 but the

Patna High Court CR. MISC. No.38702 of 2024(5) dt.03-10-2024 2/3 complaint case was lodged on 22.07.2023 and there is no explanation for this delay. The petitioner has been made accused in this case only because she is the mother of the co-accused, Anish Kumar. There was love affair between the victim and the co-accused, Anish Kumar. There is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus. Learned counsel has further submitted that the victim solemnized her marriage with the co-accused, Anish Kumar in the temple and they are living happily as husband and wife. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim is a minor girl.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Rajapakar P.S.

Patna High Court CR. MISC. No.38702 of 2024(5) dt.03-10-2024 3/3 Case No. 292 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T