← Library
Patna High CourtCR. MISC./407/2021allowed

Archana Devi @ Archana Kumari v. The State Of Bihar

2022-02-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.407 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- NAYAGAON District- Begusarai ====================================================== ARCHANA DEVI @ ARCHANA KUMARI W/o Sanjay Rai, Resident of Village - Mathar, P.S.- Naya Gaon, Distt.- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-02-2022 Heard both sides.

The petitioner apprehends her arrest in Nayagaon P.S. Case No.31 of 2020 registered under Sections 363, 366(A) and 34 of the Indian Penal Code. Later on Section 376 of the I.P.C. was added.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that from perusal of the Annexure annexed to supplementary affidavit, it would be evident that the victim has denied her abduction or kidnapping and categorically stated that she had gone to the house of her aunt (bua) and stayed there and the doctor also found the victim virgin. Similarly situated coaccused Rupa Devi has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 31.01.2022

Patna High Court CR. MISC. No.407 of 2021(7) dt.17-02-2022 2/2 passed in Cr.Misc.No.9265 of 2021.

Considering the above facts and circumstances of the case as well as the Annexure annexed to the supplementary affidavit, the petitioner, above named, in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Begusarai in connection with Nayagaon P.S. Case No.31 of 2020, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

Harish/- (Arvind Srivastava, J) U T