Laxmi Devi @ Asha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55141 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Laxmi Devi @ Asha Devi D/O Hare Ram Choupal R/O Village- Kamrail, P.SMarauna, Distt.- Supaul. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hriday Narayan Harshit For the Opposite Party/s :
Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 366(A) and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that on 06.03.2024 there was a marriage function in the family and her minor daughter went missing, on search, it transpired that the brother-in-law (Sala) of her neighbour Indal Chaupal, namely, Mahesh has kidnapped her daughter, accordingly, she along with other family members went to the house of Mahesh on 16.03.2024, when Mukesh, Saroj, Nathun and petitioner abused and assaulted her and her
Patna High Court CR. MISC. No.55141 of 2024(2) dt.02-09-2024 2/3 family members. Further, petitioner admitted that they have enticed her daughter.
4. The learned counsel for the petitioner submits that petitioner being sister of Mahesh has been falsley implicated in the instant case. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the date of occurrence is 06.03.2024 and the informant alleges that she went to the house of Mahesh on 16.03.2024 i.e. after a delay of 10 days without any plausible explanation and thereafter the F.I.R. came to be instituted on 18.03.2024, which casts an aspersion on the case of the prosecution. It is also submitted that the victim has come back.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ghanshyampur
Patna High Court CR. MISC. No.55141 of 2024(2) dt.02-09-2024 3/3 P.S. Case No.70/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T