Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65765 of 2022 Arising Out of PS. Case No.-127 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Manju Devi Wife Of Suggan Yadav Resident of Village- Dharamrai Chowk Ward No- 06, P.S. and District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-04-2023 Heard the parties.

The petitioner is apprehending arrest in connection with Lakhisarai P.S. Case No. 127/2022 for the offence under Sections 363, 366(A), 120(B), and 34 of the I.P.C. pending in the Court of learned Chief Judicial Magistrate, Lakhisarai lodged on 13.02.2022 by the informant Kabita Devi. As per the prosecution story, the lady, mother of minor victim girl alleged that her daughter was taken away by the son of her neighbour and when she complained to the family members, she was abused. Accordingly, the F.I.R. Learned counsel for the petitioner submits that the sole petitioner is the mother of Masudan Kumar Yadav and further taken this Court to the report of the learned C.J.M., Lakhisarai, that the birth certificate of the girl issued by the Bihar School Examination Board showed her a minor, she

Patna High Court CR. MISC. No.65765 of 2022(2) dt.11-04-2023 2/2 refused to go with her mother/family members and accordingly, she sent to the Child Welfare Committee, Lakhisarai. He as such submits that the entire prosecution theory put forward by the lady, so far against the petitioner's mother is concerned, is false and concocted.

Learned APP opposes the prayer for bail.

Considering the fact that the girl subsequently chose not to go with her mother, as also that the petitioner is a lady, do not have criminal antecedent and the accusation is against her son, this Court is inclined to extend her the privilege of anticipatory bail.

Let the petitioner be released on bail, in the event of her arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Lakhisarai , in connection with Lakhisarai P.S. Case No. 127 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Ravi/KiranU T