Antima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50468 of 2024 Arising Out of PS. Case No.-243 Year-2024 Thana- MAJHAULIA District- West Champaran ====================================================== Antima Devi Wife of Chokat Sahani R/O Village - Lal Saraiya, Goda Semra, Ward No.- 16, P.S.- Majhauliya, District - West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X Wife of Suresh Sahani (Symbolic name of the mother of the victim), R/O Village - Lal Saraiya, Goda Semra, Ward No.- 16, P.S.- Majhauliya, District - West Champaran.

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

For the Petitioner/s :

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

Mr. Zainul Abedin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-01-2025 Heard learned Counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends her arrest in connection with Majhauliya P.S. Case No. 243 of 2024, registered for the offences punishable under Sections 363, 366A and 34 of the Indian Penal Code and Section 8 of POCSO Act.

3. As per allegation, petitioner and other co-accused persons kidnapped the daughter of the informant.

4. Learned Counsel for the petitioner submits that the petitioner herself is a lady. The victim in her statement herself states that the petitioner introduced her to co-accused, Nagendra Yadav along with whom she had gone. She states further in her statement under Section 164 of the Cr.P.C. that her marriage was not solemnized with co-accused, Nagendra Yadav. The allegation against the petitioner is that she only introduced the

Patna High Court CR. MISC. No.50468 of 2024(4) dt.18-01-2025 2/2 victim to Nagendra Yadav.

5. On the other hand, the learned APP has opposed the prayer for bail by submitting that the petitioner is named in the F.I.R. and she facilitated the elopement of the victim with the named accused.

6. The victim as per her own statement is a married girl and the named accused with whom she is said to have eloped is Nagendra Yadav and not the petitioner.

7. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of her arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO cum A.D.J.6th, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 243 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Neha/- U T