Pamita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67847 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- RIVILGANJ District- Saran ====================================================== Pamita Devi W/O Bhunnu Nat Alias Manu Nat Alias Manu Resident Of Village Ashwan Thotha, P.S. Sahatwar, District-Ballia (U.P.) ... ... Petitioner/s
Versus
The State Of Bihar Advocate General Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Himanshu Ranjan For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 366(A) of the Indian Penal Code.
3. As per prosecution story, the allegation is that the victim girl who was in relationship with one Banke Lal Bihari and wanted to marry him for which she fled away from her house and reached Chapra Junction. However, despite her telephone calls, he failed to reach the station and later the petitioner took her to the house of Ram Amar Yadav and got her married to him. Later, the police recovered her from the said
Patna High Court CR. MISC. No.67847 of 2023(2) dt.01-11-2023 2/3 place.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. She has committed no offence. He submitted that the statement of the victim recorded u/s 164 of the Cr.P.C., which is mentioned in the impugned order that it was not a case of abduction, the victim herself fled away from home as Banke Bihari Lal did not turned up, she did not want to return and went with them subsequently out of her own sweet-will the victim girl solemnized marriage to Ram Amar Yadav in the State of Uttar Pradesh. The victim girl does not whisper about the complicity of this petitioner. The others co-accused have already been granted bail vide order dated 08.09.2023 passed in Cr. Misc. No. 60398 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. She is languishing in judicial custody since 23.06.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, period of custody as well as being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to
Patna High Court CR. MISC. No.67847 of 2023(2) dt.01-11-2023 3/3 be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Saran at Chapra in connection with Rivilganj P.S. Case No. 88 of 2023. (Sunil Kumar Panwar, J) Arish/- U T