Chhoti Kumari @ Chandani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36789 of 2023 Arising Out of PS. Case No.-196 Year-2017 Thana- BIHIA District- Bhojpur ====================================================== CHHOTI KUMARI @ CHANDANI KUMARI D/O GAURI SHANKAR THAKUR R/O Village- Lahanga Dumaria, P.S- Bihiya, Distt.- Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-07-2023 1.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2.

The petitioner apprehends her arrest in connection with Bihia P.S. Case No. 196 of 2017, registered for the offences punishable under Sections 366(A), 504/34 of the Indian Penal Code. 3.

The allegation is regarding the petitioner having taken the daughter of the informant outside the house and thereafter the daughter of the informant became traceless and in fact has not been recovered till date.

4.

The learned counsel for the petitioner has submitted that the petitioner is innocent, she

Patna High Court CR. MISC. No.36789 of 2023(2) dt.21-07-2023 2/3 has been falsely implicated in the present case and she is having a clean antecedent. The learned counsel for the petitioner has further submitted that there has been an agreement in between the informant and the co-accused person, namely, Brajesh Pasi, who might be the main accused person, that after attaining the age of majority the victim girl and the said Brajesh Pasi would solemnize marriage, hence it is submitted that the petitioner is not having any complicity in the matter.

5.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail and has submitted that not only the victim girl is still traceless but the petitioner has approached this Court for grant of anticipatory bail after about six years of lodging of the FIR on 18.06.2017, hence the petitioner should not be granted the privilege of bail inasmuch as neither the petitioner has any regard for the process of law nor she has joined investigation till date.

6.

Having regard to the facts and

Patna High Court CR. MISC. No.36789 of 2023(2) dt.21-07-2023 3/3 circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is alleged to have taken away the daughter of the informant from her house on the alleged date and time of occurrence, whereafter the daughter of the informant had became traceless, apart from the fact that despite lapse of six years, neither the victim girl has been traced nor the petitioner has surrendered nor the petitioner has joined investigation, this Court finds that the petitioner has got no regard for the process of law, thus I do not find any reason to admit the petitioner herein to the privilege of anticipatory bail, thus the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T