Sandhya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8414 of 2021 Arising Out of PS. Case No.-173 Year-2020 Thana- PANCHRUKHI District- Siwan ====================================================== SANDHYA DEVI Wife of Kanhaiya Singh Resident of Village - Harpur, P.O. - Laheji, P.S. - Panchrukhi, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Ritika Rani, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Panchrukhi P.S. Case No. 173 of 2020 registered under sections 363, 366A and 34 of the Indian Penal Code.

As per allegation in the F.I.R., it is stated by the informant that her 16 years old daughter who had gone to the market at about 10 am did not return by evening. She was not to be found inspite of search. It is further stated that co-accused Mantu Singh had taken her away with the intention of marriage and that the other accused persons including the petitioner herein have a hand in the occurrence.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Even

Patna High Court CR. MISC. No. 8414 of 2021(2) dt.02-06-2021 2/3 from perusal of the FIR, the main suspicion has been raised against co-accused Mantu Singh. It is further submitted that the daughter of the informant returned and her statement was recorded under section 164 Cr.P.C. which has been brought on record as Annexure-2 to the petition. Referring to the contents of the statement under section 164 it is submitted that no overt act has been alleged against this petitioner who is a lady and has been falsely implicated because of being Mami of coaccused Mantu Singh. She is in custody since 13.9.2020 and has no criminal antecedent.

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, the fact of the daughter of the informant having returned, the contents of her statement under section 164 Cr.P.C., the petitioner having remained in custody for over 8 months and investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Panchrukhi Police Station Case No. 173 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No. 8414 of 2021(2) dt.02-06-2021 3/3 each to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Siwan.

(Partha Sarthy, J) Spd/- U T