← Library
Patna High CourtCR. MISC./51013/2023allowed

Rampati Devi v. The State Of Bihar

2023-08-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51013 of 2023 Arising Out of PS. Case No.-225 Year-2022 Thana- DANIYAWAN District- Patna ====================================================== Rampati Devi W/O Late Vasudev Prasad R/O Village- 08 Ward No. 12, Sarthua (MILK), Ps. Shahjahanpur, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Narayan Singh For the Opposite Party/s :

Ms. Asha Devi :

Mr. Anil Kumar No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the informant.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 366/34 of the Indian Penal Code pending in the learned court below.

3. There is specific allegation of kidnapping of informant's daughter on false assurance of marriage is against the co-accused Nitish Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is mother in law of the co-accused Nitish Kumar and she is also a widow lady. He submits that there is no specific overt act against the petitioner. He further submits that similarly situated other co-accused

Patna High Court CR. MISC. No.51013 of 2023(2) dt.29-08-2023 2/2 person has already been granted bail by a bench of this Court vide order dated 19.08.2023 passed in Cr. Misc. No.51814/2023. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State along with learned counsel for the informant opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Daniyawan P.S. Case No.225/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T