Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53379 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- GOPALPUR District- Bhagalpur ====================================================== Anita Devi aged about 30 years (Female), Wife of Abhimanyu Sharma, Resident of Village- Madrauni, Police Station- Rangra, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner seeks regular bail in connection with Rangra (Gopalpur) P.S. Case No. 134 of 2019 registered under sections 366A/34 of the IPC.

The allegation against the petitioner is that the petitioner along with her brother kidnapped the daughter of the informant.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of the fact that she happens to be the sister of Mukesh, who has allegedly kidnapped the daughter of the informant. Learned counsel further submits that the victim girl has been recovered and statement under Section 164

Patna High Court CR. MISC. No.53379 of 2019(4) dt.25-11-2019 2/2 Cr.P.C has been recorded. Learned counsel referring to Annexure-2 i.e. the statement of the victim girl recorded under Section 164 Cr.P.C submits that from perusal of the same it is evident that no specific allegation of kidnapping has been levelled against the petitioner and the statement made by the victim is against the co-accused mukesh Kumar. After having heard learned counsel for the parties and taking into consideration the fact that no specific allegation has been levelled against the petitioner by the victim girl recorded under Section 164 of Cr.P.C and the petitioner is in custody since 03.06.2019, therefore, I am inclined to grant regular bail to the petitioner.

Accordingly, the petitioner, above named, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 3rd, Naugachia in connection with Rangra (Gopalpur) P.S. Case No. 134 of 2019. (Anil Kumar Sinha, J) Anjula/- U