Pratima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8581 of 2021 Arising Out of PS. Case No.-264 Year-2020 Thana- MANJHI District- Saran ====================================================== Pratima Devi Wife of Munna Goswami Resident of Village - Gadhwar Bazar, Police Station - Gadhwar, District - Ballia, U.P. D/o Hrendra Goswami, Resident of Village - Manjhi Godha, Police Station - Manjhi, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Rajesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 366(A)of the Indian Penal Code.

As per FIR, minor daughter of the informant has been kidnapped by Gayanti Devi.

It is submitted by learned counsel for the petitioner that petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. Learned counsel for the petitioner has filed the supplementary affidavit in which it is stated that all the witnesses including the

Patna High Court CR. MISC. No.8581 of 2021(3) dt.13-12-2021 2/2 informant have not supported the allegations levelled against the petitioner. He submits that P.W. 2 is informant, P.W. 3 is mother of the victim and P.W. 4 is grand mother of the victim whereas P.W. 1 is grand father of the victim. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case and the fact that all the witnesses have not supported the prosecution case, the above named petitioner in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Manjhi P.S. Case No. 264 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T