Sudha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44106 of 2023 Arising Out of PS. Case No.-131 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== SUDHA DEVI Wife of Dayanand Sharma Resident of Vill.- Jagdishpur, P.S.- Rajapakar (Baranti O.P.), District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-08-2023

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 363, 366(A), 341, 323 and 34 of the Indian Penal Code.

3. The informant alleges that his minor daughter aged about 17 years was kidnapped by Ganesh for purposes of marriage in connivance with the petitioner, it is further alleged that his daughter took Rs. 20,000/- along with her and when he went to enquire from the petitioner, she abused.

4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman, it is next submitted that petitioner has been falsely implicated in the present case being sister of Ganesh, it is further submitted that

Patna High Court CR. MISC. No.44106 of 2023(2) dt.24-08-2023 2/3 victim and Ganesh were in love and they eloped, it is also submitted that from perusal of the allegation as alleged in the FIR it would manifest that the informant himself alleges that the victim while fleeing had taken Rs. 20,000/- along with herself which further testifies the fact that the victim on her own volition left the house with Ganesh, it is further submitted that even Ganesh and the victim have married, it is further submitted that no specific allegation is alleged against the petitioner except a suspicion has been raised and the victim is a major though in the FIR it has been alleged that she is 17 years of age, it is thus submitted that even presuming that victim was 17 years of age then also she had reached the age of discretion.

5. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail of the petitioner but are not in a position to rebut the submission of the learned counsel for the petitioner that the entire allegation against the petitioner hinges around the suspicion and for the reason that she is sister of Ganesh.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.44106 of 2023(2) dt.24-08-2023 3/3 anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rajapakar P.S. Case No. 131 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T