Kanchan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64511 of 2024 Arising Out of PS. Case No.-370 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Kanchan Devi Wife of Ramji Sharma @ Ram Sharma Resident of VillageMadhuban, Ward No.- 05, Police Station- Simri Bakhtiyarpur, DistrictSaharsa. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar Singh, Advocate Mr. Dinesh Maharaj, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-10-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending her arrest in connection with Simri Bakhtiyarpur P.S. Case no. 370 of 2023 registered under sections 363 and 366A of the Indian Penal Code.
3. As per the prosecution case, the informant states that the accused persons including the petitioner herein kidnapped his minor daughter and have hidden her. They also abused her.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the reason that she happens to be the mother of co-accused Ramesh
Patna High Court CR. MISC. No.64511 of 2024(3) dt.28-10-2024 2/3 Sharma with whom the daughter of the informant was on friendly terms. The daughter of the informant returned and her statement was recorded under section 164 of the Cr.P.C. wherein she has not made any allegation against this petitioner. It is further submitted that the husband of the petitioner namely Ramji Sharma @ Ram Sharma has been enlarged on regular bail vide order dated 16.4.2024 passed in Cr. Misc. no. 6206 of 2024. The petitioner, who is an old lady, has no criminal antecedent and undertakes to cooperate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., the fact of the daughter of the informant having returned home and the contents of her statement recorded under section 164 of the Cr.P.C. wherein she describes herself to be aged about 19 years together with the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Simri Bakhtiyarpur P.S. Case no. 370 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.64511 of 2024(3) dt.28-10-2024 3/3 with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa. (Partha Sarthy, J) avinash/- U T