Etwari Devi @ Aitwari Devi @ Atwari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53468 of 2022 Arising Out of PS. Case No.-166 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Etwari Devi @ Aitwari Devi @ Atwari Devi W/o Mahendra Sahni @ Mahendra Sahni Resident of Village- Lalunagar Ward No- 02, P.S.- Muffasil (Lakho O.P), District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 363, 366A of Indian Penal Code.

As per F.I.R., this petitioner along with other accused persons kidnapped the minor daughter of the informant. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that petitioner is maternal grandmother (nani) of co-accused Prem Kumar and has been made accused in the present case merely because she happens to be relative of the the co-accused. It is further submitted that the victim in her

Patna High Court CR. MISC. No.53468 of 2022(2) dt.20-12-2022 2/2 statement recorded under Section 164 of Cr.P.C. has denied the prosecution story and has stated that out of her own will, she solemnized marriage with co-accused Prem Kumar. Petitioner has got clean antecedent.

Considering the statement of the victim recorded under Section 164 of Cr.P.C., let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in Muffasil P. S. Case No. 166 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T