Alka Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.745 of 2021 Arising Out of PS. Case No.-263 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== ALKA DEVI Wife of Kartik Sah Resident of Village - Phareh, P.S.- Chautham, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-04-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Sahebpur Kamal P.S. Case no. 263/2020 registered under sections 366A and 34 of the Indian Penal Code.

As per allegation in the first information report, it is stated by the informant that while she was giving food to her husband, all of a sudden her 14 years old daughter disappeared and was not to be found. She apprehends that some persons have enticed her away with the intention of marriage.

It is submitted by learned counsel for the petitioner that the petitioner who happens to be a lady has been falsely implicated in the case. The minor daughter of the informant returned home and her

Patna High Court CR. MISC. No.745 of 2021(3) dt.07-04-2021 2/2 statement was recorded under section 164 Cr.P.C.. It is submitted that although the petitioner is named in the statement under section 164 Cr.P.C. but from reading of the same it would transpire that there is no mention therein that the victim was forcibly taken away by the petitioner or even after she accompanied the persons named therein, she was maltreated. It is submitted that the petitioner and the informant are relatives and they have dispute relating to path pending between them. The petitioner who is a lady is in custody since 15.9.2020 and has no criminal antecedent.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the daughter of the informant has returned back home together with the contents of the statement under section 164 Cr.P.C., the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sahebpur Kamal P.S. Case no. 263/2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai.

(Partha Sarthy, J) Spd/- U T