Khushabu Devi @ Khushboo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70797 of 2023 Arising Out of PS. Case No.-190 Year-2023 Thana- PANAPUR District- Saran ====================================================== Khushabu Devi @ Khushboo Devi W/Omithilesh Ram @ Mithlesh Kumar R/O Village-Semraha, Ps-Panapur, Dist-Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Mishra For the Opposite Party/s :
Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A and 34 of the Indian Penal Code .
It is case of abduction of the informant's daughter by the accused persons including this petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is a lady and she has been made accused in this case only because she happens to be the sister of co-accused Manish Kumar. The victim has been recovered and her statement was recorded under Section 164 of the Cr.P.C.,
Patna High Court CR. MISC. No.70797 of 2023(2) dt.29-11-2023 2/3 wherein she has stated her age to be 17 years and has further stated that as she was annoyed with her mother, she out of her own choice went to the house of her maternal grandmother. She has also stated that as the petitioner and she used to talk to each other, due to which, the informant suspected that petitioner has helped the co-accused of this case namely, Manish Kumar in her abduction. It is further submitted in para 14 of the petition that petitioner is in advanced stage of her pregnancy and every now and then she required medical attention as well as the assistance of her family members. It is further submitted that the petitioner has got no criminal antecedent and languishing in judicial custody since 03.08.2023.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Panapur P.S. Case No. 190 of 2023 on furnishing bail bond of
Patna High Court CR. MISC. No.70797 of 2023(2) dt.29-11-2023 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Saran at Chapra.
(Sunil Kumar Panwar, J) lata/- U T