Mala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 48305 of 2023 Arising Out of PS. Case No.-140 Year-2022 Thana- DERNI BAZAR District- Saran ====================================================== MALA DEVI WIFE OF RAMU MAHTO RESIDENT OF VILLAGEPIRARI, PS- DERNI DIST- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Derni P.S Case No. 140 of 2022 dated 18.07.2022 registered for the offence punishable u/s 366A, 504, 506, 34 of the Indian Penal Code.

4. As per the prosecution case, the co-accused Dilip Kumar is alleged to have kidnapped the minor daughter of the informant when the informant went to the house of the co-accused Dilip Kumar, his father started abusing her.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No. 48305 of 2023(2) dt.08-08-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that there is nothing material on record to show that the victim was forced/seduced to have illicit relationship with another person. The petitioner is a lady. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.02.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Chapra in connection with Derni P.S. Case No. 140 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) ravikr/- U T