Munni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65715 of 2024 Arising Out of PS. Case No.-490 Year-2023 Thana- DINARA District- Rohtas ====================================================== Munni Devi, (Female), aged about 33 years, wife of Santosh Rai, R/O Village- Bhudwa, P.S.- Dinara, Dist- Rohtas ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Anil Kumar Roy, Advocate For the Opposite Party :
Mr. Satyendra Narayan Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Dinara P.S. Case No. 490 of 2023 dated 04.10.2023 registered for the offences punishable under Sections 363 and 366 of the I.P.C.
3. As per the prosecution case, on 30.09.2023, the petitioner took the daughter of the informant, namely, Sita Kumari, with her after saying that they would return very soon. It is further alleged that when she did not return at evening, he went to the house of the petitioner to search for her then the petitioner told him that his daughter went away much earlier but she did not return. It is further alleged that the informant received an information from his distant relative that his
Patna High Court CR. MISC. No.65715 of 2024(6) dt.02-04-2025 2/3 daughter had called him for two times on Mobile No. 8084367958 and the same Mobile No. 8084367958 belongs to the co-villager of the informant, namely, Indal Chaudhary, and his daughter is at his home. When the informant went to the house of his co-villager, Indal Chaudhary, he abused him and drove out from there.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is land dispute between the parties. It is further submitted that the alleged occurrence took place on 30.09.2023 and the F.I.R. has been lodged on 04.10.2023 and the delay in lodging the F.I.R. has not been explained by the prosecution. It is further submitted that no one has seen the alleged occurrence. It is further submitted that as a matter of the fact that there was love affair between the victim girl and the co-accused Indal Chaudhary and with their consent, both the victim girl and the co-accused Indal Chaudhary fled away. It is another matter that the co-accused Indal Chaudhary had bad intention. The co-accused Indal Chaudhary had committed illegal act with the victim even after getting in the trap of love. The victim was adult girl and it is not possible for any one to take her away. It is further submitted that
Patna High Court CR. MISC. No.65715 of 2024(6) dt.02-04-2025 3/3 after the statements of the victim have been recorded under Sections 161 and 164 of the Cr.P.C. and has falsely implicated the petitioner in the present case. It is further submitted that during the course of investigation not a single witness has said about the involvement of the petitioner in the alleged offence. The petitioner is a lady. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 24.05.2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the nature of accusation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Dinara P.S. Case No. 490 of 2023, pending in the court of learned A.C.J.M. Bikramganj, Rohtas at Sasaram.
7. The application stands rejected.
(Chandra Prakash Singh, J) U.K./- U T