Pushpa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71826 of 2021 Arising Out of PS. Case No.-206 Year-2021 Thana- PAKARIBARAW District- Nawada ====================================================== PUSHPA DEVI, W/O LATE YUGAL PD. MAHATO RESIDENT OF VILLAGE AND P.S- PAKARIBARAWA, DIST- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office within three weeks on resumption of physical mode, failing which the office is directed to place the matter before the Bench.

The petitioner apprehends his arrest in case registered for the offence punishable under Sections 366(A) of the Indian Penal Code and Section 8 of POCSO Act.

Prosecution case is that the petitioner and other accused person are alleged to have kidnapped the victim for the purpose of marriage.

Learned counsel for the petitioner submits that the petitioner is quite innocent and has not committed any offence in the manner alleged and has falsely been implicated in this case. He

Patna High Court CR. MISC. No.71826 of 2021(2) dt.13-06-2022 2/2 further submits that the petitioner is the mother of co-accused, Dharmveer and the victim in her statement recorded under Section 164 Cr.P.C. has not stated the name of the petitioner in the crime alleged rather she has stated that she solemnized marriage with coaccused, Dharmveer in Patna. There is general and omnibus allegation against the petitioner and the petitioner has got no criminal antecedent as stated at para-3 of the bail petition.

Learned APP for the State opposed the prayer for bail petition.

Considering the above facts and circumstances, the petitioner, above-named, in the event of his arrest or surrender, within six weeks from today, is directed to 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 Chief Judicial Magistrate, Nawada, in connection with Pakaribarawa P.S. Case No. 206 of 2021, subject to the condition as laid down under Section 438(2) Cr.P.C.

The application stands allowed.

(Chandra Prakash Singh, J) U T sanjeev/-