← Library
Patna High CourtCR. MISC./39309/2022allowed

Kiran Devi v. The State Of Bihar

2023-05-08Mr. Justice Sunil Kumar Panwar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37942 of 2022 Arising Out of PS. Case No.-156 Year-2022 Thana- GOVINDPUR District- Nawada ====================================================== Chinta Devi Wife Of Raj Kumar @ Rajkumar Rajbanshi Resident Of Gangadih, P.S.- Govindpur, District- Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 39309 of 2022 Arising Out of PS. Case No.-156 Year-2022 Thana- GOVINDPUR District- Nawada ====================================================== Kiran Devi Wife Of Mahesh Choudhary Resident Of Village - Baksoti, P.S.- Govindpur, District - Nawada.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 37942 of 2022) For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Raj Kishor Singh (In CRIMINAL MISCELLANEOUS No. 39309 of 2022) For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 363, 366(A), 367, 370, 372/34 of the Indian

2/4 Penal Code.

It is alleged against the petitioners that they instigated the informant to marry her minor daughters and assured her that they would bear the cost incurred on the marriage ceremony. On the assurance of the petitioners, the informant got her daughters married. Sometimes after the marriage, the informant came to know that her daughters have been trapped in a gang of persons who used to marry innocent girls and push them for flesh trade.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The petitioners have only mediated in the marriage and at the time of marriage, the informant and her husband were present. In fact, the petitioner Chinta Devi is working as Vikash Mitra and petitioner Kiran Devi is Center leader and the informant has taken loan from the society in which the petitioners helped her and the informant under

3/4 instigation of enemy of the petitioners has instituted the false case against the petitioners. The victims in their 164 Cr.P.C statements have alleged that their husbands used to misbehave and torture the victims. They only alleged against petitioners that they took money for solemonizing their marriages but no documentary proof with regard to receiving any amount by the petitioners have been brought on record by the informant. The petitioners are languishing in custody since 23.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

In the facts and circumstance of the case, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class,

4/4 Nawada in connection with Govindpur P.S. Case No. 156 of 2022.

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