Shakuntala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40586 of 2024 Arising Out of PS. Case No.-387 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== Shakuntala Devi, W/o Prahalad Bhandari, R/o village- Muraul, P.S.- Bajpatti, District-Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Bajpatti P.S. Case No. 387 of 2020 registered for the offences punishable under Sections 363 and 366-A read with 34 of the Indian Penal Code.

3. The accused/petitioner named in the FIR and is in custody since 18.03.2024.

4. Allegation against the petitioner is to kidnap the minor daughter of the informant aged about 14 years along with other co-accused persons/family members.

5. It is submitted by learned counsel appearing for the petitioner that the maximum allegation, which

Patna High Court CR. MISC. No.40586 of 2024(2) dt.10-06-2024 2/3 appears against this petitioner is to allow the daughter of informant to remain at her residence and also to charge her mobile. It is pointed out that save and except suspicion, nothing appears against this petitioner, who is a lady of clean antecedent and moreover thrust of allegation qua kidnapping as per FIR is available against co-accused Madan Kumar. While concluding argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer for grant of bail to the petitioner.

7. In view of above-mentioned facts and circumstances and by taking note of fact as thrust of allegation qua kidnapping is available against co-accused Madan Kumar, where allegation appears prima facie limited with this petitioner as to allow the minor daughter of the informant to charge her mobile at her residence, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 18.03.2024 being a lady,

Patna High Court CR. MISC. No.40586 of 2024(2) dt.10-06-2024 3/3 accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Sitamarhi in connection with Bajpatti P.S. Case No.387 of 2020 subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T