Guddi Devi @ Duddi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66967 of 2024 Arising Out of PS. Case No.-462 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Guddi Devi @ Duddi Devi W/o Shailesh Singh R/o Village- Badauan, P.S.- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-09-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends her arrest in a case registered for the offences punishable under Section 366A of the Indian Penal Code.

3.

The learned counsel for the petitioner submits that petitioner has antecedent of one case and is a woman, but then the case was instituted by the present informant. It is next submitted that the informant alleges that on 8-8-2022 at about 5 a.m., his minor daughter went out of the house to throw garbage but did not return till evening. It is next alleged that earlier on 72-2022, his daughter was kidnapped by Pawan, petitioner, Shailesh and Raj Kumar for which Wazirganj PS Case No. 58 of 2022 was instituted, thus suspects that his daughter was

Patna High Court CR. MISC. No.66967 of 2024(2) dt.25-09-2024 2/3 kidnapped by Pawan and petitioner.

4.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case being mother of Pawan. It is next submitted that the victim and Pawan were in love and they eloped and they performed their marriage on 19-2-2022 at Arya Samaj Mandir, East of Kailash, New Delhi, as would manifest from the marriage certificate of Pawan (Annexure-2 to the anticipatory bail application). It is also submitted that the marriage certificate records the age of the victim as 3-11-2003. It is submitted that the date of occurrence is 8-8-2022, and the FIR came to be instituted on 3-9-2022 without any plausible explanation for the delay, which amply demonstrates that informant was aware that his daughter had eloped with Pawan. It is also submitted that even the victim has filed a notarized affidavit stating that her date of birth is 3-112003 (Annexure-3). 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.66967 of 2024(2) dt.25-09-2024 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Wazirganj P.S. Case No. 462 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T