Banarasi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52334 of 2021 Arising Out of PS. Case No.-4 Year-2021 Thana- BISFI District- Madhubani ====================================================== Banarasi Devi W/O Hari Mandal R/O Village-Raghauli, P.S-Bisfi, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bisfi P.S. Case No. 04 of 2021 dated 05.01.2021 instituted for the offences under Sections 366A and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 27.03.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that her daughter aged about sixteen years had gone to school and when she did not return, search was made and the informant came to know that her daughter was taken away by Amit Mandal in connivance with this petitioner for the purposes of marriage.

Patna High Court CR. MISC. No.52334 of 2021(2) dt.23-12-2021 2/2 Learned counsel for the petitioner submits that Amit and the daughter of the informant were in love and they eloped. The petitioner is an old lady aged about 65 years who is mother of Amit and she is facing incarceration for the act committed by her son. Learned counsel further submits that though in the F.I.R. it has been alleged that daughter of the informant is minor but both Amit and the daughter of the informant are major and they have taken their decision to marry and they are married and are living happily.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is the mother of Amit Mandal and is an old lady aged about 65 years, is in custody since 27.03.2021, is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Benipatti in connection with Bisfi P.S. Case No. 04 of 2021.

(Satyavrat Verma, J) Rishi/- U T