Nagmani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46210 of 2021 Arising Out of PS. Case No.-182 Year-2021 Thana- GORAUL District- Vaishali ====================================================== NAGMANI DEVI W/o RAM KRISHNA MAHTO R/o VILLAGELABHATTA, P.S.- VARISHNAGAR, DISTRICT-SAMASTIPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Adv.

Smt. Divya Bharti, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363 and 365 of the Indian Penal Code.

As per the prosecution case, the fifteen year old daughter of the informant disappeared and was not to be found inspite of search. She further states that the daughter of her neighbour also disappeared at the same time and she received calls from an unknown number details of which has been given in the F.I.R.

It is submitted by learned counsel for the petitioner that both the girls ie the daughter of the informant and the daughter of the neighbour returned and their statements were recorded under section 164 Cr.P.C. wherein the daughter of the informant states that she came in contact with Rahul, went out

Patna High Court CR. MISC. No.46210 of 2021(3) dt.03-03-2022 2/2 of her own free will and married the said Rahul. So far as the petitioner is concerned, she has been falsely implicated for the reason that she happens to be the sister-in-law (Bhabhi) of said Rahul and the mobile number was registered in her name. Even accepting the contents of the statement under section 164 Cr.P.C., neither the petitioner has been named in the same nor any overt act has been alleged against her. The petitioner is in custody since 15.5.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation, the petitioner being in custody for 9 months and chargesheet having been submitted, the Court directs the petitioner to be enlarged on bail in connection with Goraul P.S. Case no.182 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Vaishali at Hajipur. (Partha Sarthy, J) Saurabh/- U T