Rajpati Devi @ Rampati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54705 of 2024 Arising Out of PS. Case No.-311 Year-2021 Thana- BHAGWAN BAZAR District- Saran ====================================================== Rajpati Devi @ Rampati Devi Wife Of Dadan Prajapati Village- Viii Railway Station Bakulha Fateh Rai Ka Tola, Ps- Bairiya, Dist- Baliya, UP ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yashraj Bardhan, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Bhagwan Bazar P.S. Case No. 311 of 2021 instituted for the offence under Section 366A of the Indian Penal Code. 3.

Prosecution case in short is that the petitioner along with her daughter induced the daughter of the informant aged about 16 years with assurance that they would let her study and also she would do some work at home. Later on, when informant tried to contact her daughter, she was refrained by the petitioner and other co-accused persons.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-12-2023. Petitioner is a

Patna High Court CR. MISC. No.54705 of 2024(3) dt.13-11-2024 2/3 lady having no criminal antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel submits that charge sheet has been submitted in this case and after cognizance, the case was committed and charge has also been framed. It is submitted that the victim has yet not been recovered. Learned counsel next submits that daughter of the informant was not a minor rather she was young aged person and informant herself had sent her for works to another State about which the petitioner had no evil intention and she is not at all involved in any manner. Learned counsel goes on to submit that even as per the FIR, no case is made out under Section 366A of the IPC against the petitioner. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that petitioner has confessed her guilt in her confessional statement, which fact finds mention at paragraph No. 51 of the case diary, wherein she has specifically deposed that marriage of the victim was solemnized with her nephew. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, taking into account the fact that there is no cogent material against the

Patna High Court CR. MISC. No.54705 of 2024(3) dt.13-11-2024 3/3 petitioner and the fact that charge is also framed in this case, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwan Bazar P.S. Case No. 311 of 2021, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T