Patna High CourtCR. MISC./63188/2022dismissed

Musani Devi v. The State Of Bihar

2023-01-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63188 of 2022 Arising Out of PS. Case No.-287 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== MUSANI DEVI Wife of Ram Ishwar Mandal Resident of Village - Barahi, P.S.- Parihar, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajib Ranjan Jha, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 363, 366(A)/34 of the IPC and section 8 of the POCSO Act.

The allegation against the petitioner is that she along with one Munna Mandal have kidnapped the grand daughter of informant for the purpose of marriage.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Only on

Patna High Court CR. MISC. No.63188 of 2022(2) dt.12-01-2023 2/2 suspicion, petitioner was made accused in this case. There is no eye-witness to the alleged occurrence. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail and submits that there is direct allegation against the petitioner and till date the victim is traceless.

Having regard to the facts and circumstances of the case, since the victim is traceless, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on her behalf is hereby rejected.

This application is accordingly dismissed.

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