Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44484 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- MAJORGANJ District- Sitamarhi ====================================================== Kiran Devi W/O Mukesh Kumar Singh Resident of Village- Khairwa Baidhyanathpur, P.S.- Majorganj, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Chandra Verma, Advocate For the State :

Ms. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Majorganj P.S. Case No. 26 of 2022 registered for the offence under Sections 364, 365, 366 and 366(A) of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 31.05.2022.

The allegation against the petitioner is to help the main accused, namely, Niraj Singh to kidnap the minor grand-

Patna High Court CR. MISC. No.44484 of 2022(2) dt.08-12-2022 2/3 daughter of the informant, aged about 17 years, for the purpose of illicit intercourse.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the F.I.R. and her name surfaced during the course of investigation only for reason that she is the aunt of main co-accused, namely, Niraj Singh against whom available allegation is to kidnap the minor granddaughter of the informant. It is further submitted that maximum allegation surfaced against this petitioner is to provide her mobile phone to the main co-accused, namely, Niraj Singh to talk with victim, who is the grand-daughter of the informant. It is also submitted that, even, through the statement of victim recorded u/s 164 of the Cr.P.C., no allegation, as regard to kidnapping and sexual assault, was raised against the main coaccused, namely, Niraj Singh. Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as petitioner is a lady, who is in custody since 31.05.2022 coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Majorganj P.S. Case No. 26 of 2022 on

Patna High Court CR. MISC. No.44484 of 2022(2) dt.08-12-2022 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge (POCSO), Sitamarhi/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- U T