Rupa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9265 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- NAYAGAON District- Begusarai ====================================================== RUPA DEVI Wife of Vijay Kumar @ Bijay Ray @ Bijay Mandal Resident of Village - Jawahar Nagar, P.S.- Chautham, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nayagaon P.S. Case no. 31 of 2020 instituted for the offence under Sections 363, 366(A)/34 of the Indian Penal Code and later on Section 376/34 of the IPC and Section 4 of the POCSO Act has also been added.

The prosecution case relates to abduction of minor

Patna High Court CR. MISC. No.9265 of 2021(3) dt.31-01-2022 2/3 grand-daughter of the informant with a view to marry her. Coaccused Sanjay Rai has handed over the victim girl to Akash Mandal and he has brought the victim girl to the house of this petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She is a lady and she has no concern with the alleged crime of abduction. Statement of the victim girl has got recorded under Section 164 Cr.P.C. wherein she has disclosed that she was in love with co-accused Akash Mandal and she has not made any specific allegation of overt act against the petitioner. Specific allegation is against co-accused Sanjay Rai and Akash Mandal.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Nayagaon P.S. Case no. 31 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.9265 of 2021(3) dt.31-01-2022 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VI-cumSpecial Judge (POCSO) Act, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U