Sobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57893 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== Sobha Devi Wife Of Ravindra Thakur R/V- Bangra Ward No. 20, P.SSugauli, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 365, 366/34 of the Indian Penal Code.

The prosecution case in nutshell is that coaccused persons came at the door of the informant and abducted the daughter of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also

Patna High Court CR. MISC. No.57893 of 2022(2) dt.18-01-2023 2/3 submitted that petitioner is languishing in judicial custody since 07.08.2022. It is further submitted that petitioner is not named in F.I..R. and during investigation her name sprang up in this case. Petitioner has no concern with the main co-accused Munna Kumar or with the victim. From the perusal of the impugned order, it appears that in the statement of victim recorded under Section 164 of Cr.P.C, she has not whispered about the complicity of the petitioner. There is no specific overt act of allegation levelled against the petitioner and the allegation of abduction is upon coaccused Munna Prasad Gupta @ Munna Kumar, who has been granted Bail vide order dated 22.09.2022 in Cr. Misc. No. 33992 of 2022 by the co-ordinate Bench of this Court. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.57893 of 2022(2) dt.18-01-2023 3/3 and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sugauli P.S. Case No. 44 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran.

(Sunil Kumar Panwar, J) nirajkrs/- U T