Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52172 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- HARPUR District- Munger ====================================================== Kavita Devi W/O Pradip Yadav R/O Village- Durmatta, P.S.- Harpur, DistrictMunger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2023 Heard learned counsel for the parties.

2. The petitioner seeks pre-arrest bail in connection with Harpur P.S.Case No.23 of 2023, registered for the offences punishable under Sections 366(A) of the Indian Penal Code.

3. Prosecution story, in brief, is that the niece of the informant was missing and on search, the informant came to know that co-accused Niwas Kumar has enticed her away for the purpose of performing marriage with her, due to which the informant went to the house of Niwas Kumar but the mother of Niwas Kumar said that her son has fled away with the victim girl and he will perform marriage with her.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and she has falsely been implicated in the present case. The niece of the

Patna High Court CR. MISC. No.52172 of 2023(2) dt.19-08-2023 2/2 informant has went on her own sweet-will. The informant and the petitioner are co-villager and there is land dispute between them. Learned counsel further submitted that the petitioner is not involved in any manner, as per the allegation made in the FIR. Petitioner has no criminal antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR and the specific allegation made against the son of the petitioner, the petitioner is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Smt. Pallavi Maurya, J.M. Ist Class, Munger in connection with Harpur P.S.Case No.23 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) chn/- U