Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69599 of 2023 Arising Out of PS. Case No.-356 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== ANITA DEVI W/O RAM SAGAR DAS RESIDENT OF VILLAGEBISHANPUR BAHORE, POLICE TOWN DISTT-BEGUSARAI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar For the State :

Mr. Jharkhandi Upadhyay For the Informant :

Mr. Shashank Shekhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the Informant.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 306, 34 of the IPC. 3.

Allegedly, the minor daughter of the informant was kidnapped by one Suraj Kumar and it is alleged that the petitioner being the mother of Suraj Kumar was involved in kidnapping of the informant's daughter.

4.

Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against the co-accused Suraj Kumar and the petitioner is the mother of

Patna High Court CR. MISC. No.69599 of 2023(4) dt.12-07-2024 2/2 Suraj Kumar and she has no concern with the said offence of kidnapping. Learned counsel for the petitioner fairly submits that process under Section 82 of Cr.P.C. has been issued against the petitioner but process u/S 83 Cr.P.C. has not been issued. Petitioner has no criminal antecedent.

5.

Learned APP for the State and learned counsel for the informant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case and the fact that the petitioner is the mother of co-accused Suraj Kumar and she has no concern with the said offence of kidnapping, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Town P.S. Case No.356 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T