Mina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60842 of 2022 Arising Out of PS. Case No.-144 Year-2020 Thana- RAMNAGAR District- West Champaran ====================================================== MINA DEVI W/O SACHCHA CHOUDHARY Resident of village- Sikri Murila, P.S.- Ramnagar, District- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363 and 366(A) of the Indian Penal Code and Section 8 of the POSCO Act pending in the learned court below.

Allegation against the petitioner is that he along with other co-accused persons said to have lured the minor daughter of the informant with the intention of marriage. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is no specific overt act against the petitioner. He further submits that

Patna High Court CR. MISC. No.60842 of 2022(2) dt.23-02-2023 2/2 there is specific overt act against the co-accused Ranjeet Kushwaha. He further submits that the statement of the victim was recorded u/s 164 Cr.P.C in which she accepted that she is in love affair with the Ranjeet Kushwaha. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Ramnagar P.S. Case No.144/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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