Patna High CourtCR. MISC./66749/2021bail granted

Malti Devi And ANR v. The State Of Bihar

2022-02-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66749 of 2021 Arising Out of PS. Case No.-363 Year-2021 Thana- MAHUA District- Vaishali ====================================================== 1.

MALTI DEVI AND ANR W/O SHRI RADHA KRISHNA MAHTO Resident of Village - Shubankarpur, P.s.- Kanti, Distt.- Muzaffarpur. 2.

CHANDRAKALA DEVI W/o Sri Mukesh Mahto Resident of Village - Shubankarpur, P.s.- Kanti, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2022 Heard learned counsel for the petitioners and the State.

Petitioners seek regular bail in a case registered for the offence punishable under Section 366(A)/34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other accused persons kidnapped the daughter of informant for the purpose of marriage.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. The victim in her statement u/s 164 of the Cr. P. C. has stated that she was in love with co-accused, Raj Kumar and she

Patna High Court CR. MISC. No.66749 of 2021(2) dt.28-02-2022 2/2 solemnized marriage with him out of her own free will. The victim stated her age to be 19 whereas the court assessed her age to be 18 years. Petitioners are family member of Raj Kumar and are in custody since 22.06.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case, the statement of victim recorded u/s 164 of the Cr. P. C. and the period of custody of the petitioners, let the petitioners, above named, be released 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, Vaishali at Hajipur in connection with Mahua PS case No.363/2021.

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