Dulari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45348 of 2022 Arising Out of PS. Case No.-57 Year-2022 Thana- RUDRAPUR District- Madhubani ====================================================== Dulari Devi Wife of Rameshwar Das R/v- Harri, Tole- Bataua, P.S- Rudrapur, Dist- Madhubani ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ashok Kumar Das S/o late Ashrafi Das resident of village Harri, Tole - Bataua, P.S. Rudrapur, District-Madhubani.

... ... Opposite Party/s ====================================================== Appearance:

For the Petitioner :

Mr. Manoj Kumar Jha, Advocate For the Informant :

Mr. Lovekush Kumar, Advocate For the Opposite Party :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-03-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner, learned counsel for the informant and the learned APP for the State. Petitioner seeks regular bail in connection with Rudrapur P.S. Case No. 57 of 2022 registered for the offence punishable under Sections 366(A) and 34 of the Indian Penal Code. As per the prosecution, the informant's minor daughter aged about sixteen years was kidnapped by this petitioner and co-accused persons with intention to get her (victim) married. The main submissions advanced by learned counsel for

Patna High Court CR. MISC. No.45348 of 2022(4) dt.15-03-2023 2/2 petitioner are that the petitioner is mother of the main accused Bajrang Kumar Das and her husband has also been made accused in this case who has been granted bail by the Trial Court and the victim has been recovered and she recorded her statement under Section 164 of Cr.P.C. in which she denied the allegations made in the FIR and in the present the petitioner is facing trial.

Learned counsel for opposite party no. 2 has vehemently opposed the bail prayer and submitted that the victim is a minor girl and the trial of the petitioner is at advanced stage and three witnesses out of nine have been examined.

Learned APP for the State has also opposed the bail prayer.

In view of the facts, as stated above, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner 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 concerned Court in connection with Rudrapur P.S. Case No. 57 of 2022.

(Shailendra Singh, J) Shahnawaz/- U T