Leelawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5244 of 2021 Arising Out of PS. Case No.-458 Year-2020 Thana- CHAPRA TOWN District- Saran ====================================================== Leelawati Devi W/o Late Arvind Kumar Resident of Mohalla- Mauna Husse Chapra, P.S.- Chapra Town, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-04-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Chapra Town P.S. Case no. 458 of 2020 registered under sections 366A and 363 of the Indian Penal Code.

As per allegation in the F.I.R., the minor daughter of the informant was taken away by accused Suraj Kumar with the intent of marriage. It is further stated by the informant that the petitioner herein who happens to be the mother of the said Suraj Kumar has main role in disappearance of her daughter. It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and incorrect. The daughter of the informant returned home and her

Patna High Court CR. MISC. No.5244 of 2021(2) dt.05-04-2021 2/2 statement was recorded under section 164 Cr.P.C. However, from perusal of the statement it would transpire that the same has been given under the pressure of her family members. The petitioner is a lady who has been falsely implicated in the case only because of her relationship with the Suraj Kumar. She has no criminal antecedent and is in custody since 30.8.2020. Charge sheet has been submitted in the case.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case especially the period in custody together with charge sheet having been submitted in the case, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Chapra Town P.S. Case no. 458 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra. (Partha Sarthy, J) Bibhash/- U T