Mitra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69645 of 2021 Arising Out of PS. Case No.-81 Year-2021 Thana- BALIGAON District- Vaishali ====================================================== Mitra Devi Wife of AShok Chaudhry Resident of Village - Bela Sanghan, P.S. - Baligaon, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kishor, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 364 of the Indian Penal Code. Allegation is of kidnapping of informant's daughter Ujala Kumari with the help of the petitioner. Learned counsel for the petitioner submits that the petitioner has clean antecedents and she has been falsely implicated in the present case. He further submits that the petitioner has no concern with the kidnapping of the victim namely Ujala Kumari, daughter of the informant. He further

Patna High Court CR. MISC. No.69645 of 2021(2) dt.28-04-2022 2/3 submits that the victim was recovered and statement of victim girl recorded under Section 164 Cr. P.C. in which she has categorically stated that she has solemnized marriage with Amar on 14.09.2021. He further submits that police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 02.07.2021.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Baligaon P.S. Case No. 81 of 2021, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any

Patna High Court CR. MISC. No.69645 of 2021(2) dt.28-04-2022 3/3 stage, it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U