Patna High CourtCR. MISC./63401/2023bail granted

Renu Devi @ Indu Devi v. The State Of Bihar

2023-10-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63401 of 2023 Arising Out of PS. Case No.-100 Year-2023 Thana- NAYAGAON District- Saran ====================================================== RENU DEVI @ INDU DEVI W/O NATHUNI SAH VILLAGE DUMARI BUZURG, POLICE STATION NAYA GAON, DISTRICT SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Nayagaon P.S. Case no. 100 of 2023 registered under sections 366A, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, the minor daughter of the informant was kidnapped by the accused persons for the purpose of marriage.

4. It is submitted by learned counsel for the petitioner that from the contents of the FIR it would transpire that the daughter of the informant is a major and she got married to Bhola Kumar. The petitioner has been falsely implicated in the case only for the reason that she happens to be the mother's sister (mausi) of the said Bhola Kumar. The informant's

Patna High Court CR. MISC. No.63401 of 2023(2) dt.11-10-2023 2/2 daughter returned and her statement was recorded under section 164 Cr.P.C. in which she has described herself to be 19 years and she stated that she went out on her own volition and married the said Bhola Kumar. With respect to the school certificate showing the victim to be allegedly minor, learned counsel for the petitioner submits that besides her statement under section 164 Cr.P.C. even as per the Aadhar card she is a major. The petitioner is a lady having no criminal antecedent and chargesheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against this petitioner, the daughter of the informant having returned, the contents of her statement under section 164 Cr.P.C., the petitioner having remained in custody since 27.6.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Nayagaon P.S. Case no. 100 of 2023 (G.R.no. 4555 of 2023) 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, Saran at Chapra.

Bibhash/- (Partha Sarthy, J) U