Malawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42361 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Malawati Devi wife of Late Khakhan Prasad Village- Balua Rampurwa Police station- Bairiya District- west Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Mohammed Arif , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 363 and 366(A) of the Indian Penal Code .

3. As per the prosecution case , all the F.I.R., named accused persons including this petitioner kidnapped minor daughter of the informant for the purpose of marriage .

4. Learned counsel for the petitioner submits that victim in her statement recorded under Section 164 Cr. P . C has denied the prosecution case and has categorically stated that she is in love with co-accused Gulshan Kumar and she on her own will solemnized marriage with him after fleeing away from parental house . So far as this petitioner is concerned, she has

Patna High Court CR. MISC. No.42361 of 2024(3) dt.07-08-2024 2/2 falsely been implicated in this case because she happens to be mother of co-accused Gulshan Kumar. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the statement of the victim recorded under Section 164 Cr. P . C and other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III Bettiah District West Champaran in connection with Bairiya P.S. case No. 103 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T