Patna High CourtCR. MISC./6794/2021bail granted

Niro Devi v. The State Of Bihar

2021-12-01Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6794 of 2021 Arising Out of PS. Case No.-545 Year-2020 Thana- ARARIA District- Araria ====================================================== Niro Devi, aged about 50 years, Gender-Female, wife of Kalanand Mandal, Resident of Village - Bansbadi, Ward No. 10, P.S.- Araria, District - Araria. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Mrigendra Kumar, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-12-2021 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Araria P.S. Case No. 545 of 2020 for the offence punishable under Sections 341, 323, 363, 365, 366(A)/34 of the Indian Penal Code.

The petitioner happens to be the mother of coaccused Pawan Kumar. Allegation has been made that they had taken away the victim girl.

It is submitted by learned counsel for the petitioner that due to land dispute the entire family has been made accused in this case. It is further submitted that there is contradiction in

Patna High Court CR. MISC. No.6794 of 2021(2) dt.01-12-2021 2/2 the statement of the victim recorded under Section 161 of the Cr.P.C. and the statement recorded under Section 164 of the Cr.P.C. Moreover, there is no allegation against this petitioner and her son namely, Pawan Kumar has been granted regular bail by a co-ordinate Bench of this Court by an order dated 23.03.2021 passed in Criminal Miscellaneous No.40017 of 2020.

Considering the aforesaid facts, this application is allowed.

Let the petitioner, above named, in the event of his arrest/surrender within four weeks from today in the Court below, 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 learned Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case No. 545 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sandeep Kumar, J) pawan/- U T