Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68020 of 2022 Arising Out of PS. Case No.-121 Year-2019 Thana- PANAPUR District- Saran ====================================================== RITA DEVI W/O JITENDRA MAHATO Resident of village- Sonbarsa, P.S.- Panapur, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 363, 366(A) and 506/34 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, all the accused persons including the petitioner are said to have kidnapped the sister of the informant aged about 17 years.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to village politics. He further submits that petitioner is a lady. He submits that the petitioner has nothing to do with the mobile numbers given in the FIR and nobody has seen taking

Patna High Court CR. MISC. No.68020 of 2022(4) dt.05-04-2023 2/2 away the victim girl. He further submits that name of the petitioner has been given at the instance of her enemies. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail and submits that petitioner is also involved in the present case and the victim girl is traceless till date. Hence, she does not deserve anticipatory bail.

Considering the arguments of the parties and perusal of the case diary, I am not inclined to enlarge the petitioner on bail in connection with Panapur P.S. Case No.121/2019. Accordingly, her prayer for anticipatory bail is hereby rejected. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order considering the fact that the petitioner is a lady. (Anjani Kumar Sharan, J) ajay/- U T