Bhana Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9793 of 2021 Arising Out of PS. Case No.-455 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== Bhana Devi W/O Late Lalpat Paswan Rasident Of Block Road, Jamunia P.S. Shikarpur, District West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-11-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 363,366A,354 and 34 of the Indian Penal Code and Sections 8 and 12 of POCSO Act.

The statement of the victim recorded under Section 164 Cr. P.C., a copy at Annexure-2, reveals that she does not allege any kidnapping by anyone rather she voluntarily left her house alongwith co-accused-Dhanraj Paswan to marry with him. She made allegation against her parents.

Considering the facts aforesaid, let the petitioner,

Patna High Court CR. MISC. No.9793 of 2021(2) dt.16-11-2021 2/2 above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Shikarpur P.S.Case No.455 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the learned Trial Court.

(Birendra Kumar, J) Nitesh/- U T