Lakshmi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65462 of 2022 Arising Out of PS. Case No.-218 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== Lakshmi Devi Wife Of Vijay Kumar Singh R/O Village- Bahilwara Pandey Tola, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Prasad For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Vaishali P.S. Case No. 218 of 2022 registered under sections 363, 366(A) and 34 of the Indian Penal Code.

Prosecution case in short is that the informant's daughter had gone for walking, in the meantime, petitioner along with other co-accused kidnapped her daughter. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner and the informant are next door neighbour and son of the petitioner had love affairs with the daughter of the informant. When victim

Patna High Court CR. MISC. No.65462 of 2022(2) dt.25-02-2023 2/2 recovered she stated in her statement recorded under Section 164 of Cr.P.C. that although, she has named the petitioner but no allegation of any overt act has been levelled against her, who is lady. It is further stated that she has no active participation in this alleged offence. The petitioner is mother of the main accused, namely, Vikky Kumar with whom the daughter of the informant fled away. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. She is languishing in judicial custody since 25.08.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Vaishali P.S. Case No. 218 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge POCSO, Vaishali at Hajipur. (Sunil Kumar Panwar, J) shubham/- U T