Budhin Murmu @ Budhin Hemram @ Hembrom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48786 of 2022 Arising Out of PS. Case No.-104 Year-2021 Thana- BAHADURGANJ District- Kishanganj ====================================================== Budhin Murmu @ Budhin Hemram @ Hembrom Wife of Chiga Murmu @ Madan Murmu Resident of Village - Shakti nagar (Satkhauwa), P.S.- Dighalbank, District - Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-02-2023 Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Bahadurganj P.S. Case No. 104 of 2021, registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code and Section 4 of POCSO Act.

As per the prosecution, the informant alleged that this petitioner with other co-accused persons kidnapped her minor daughter aged about 14 years.

Patna High Court CR. MISC. No.48786 of 2022(4) dt.21-02-2023 2/2 The main submissions advanced by the learned counsel Mr. Rajeev Ranjan for the petitioner are that the FIR of the present matter was lodged after inordinate delay which has not been explained by the prosecution, the petitioner is a woman and has been languishing in jail since 28.04.2022, though the so-called victim made allegation against this petitioner in her statement recorded under section 164 Cr. P.C., but in her statement recorded under section 161 of Cr. P.C. she made the main allegation against co-accused Som Tudu. Learned APP Mr. Sanjay Kumar Tiwary appearing for the State has opposed the bail prayer.

In view of the facts, as stated above and mainly considering the petitioner's custody period (who is a lady), this court is inclined to accept her bail prayer. Accordingly, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Bahadurganj P.S. Case No. 104 of 2021.

(Shailendra Singh, J) Rajiv/- U