Gulshan Aara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67187 of 2022 Arising Out of PS. Case No.-57 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== GULSHAN AARA, Wife of Shamsad Ansari R/V- Makhachak, ward no. 5, P.S- Bakhri, Dist- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Randhir Kumar No.1, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP For the Informant :

Mr. Sandip Kumar Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-02-2023 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and learned counsel appearing on behalf of the informant. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bakhri P.S. Case No. 57/2022 registered for the offence under Section 366(A)/34 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 19.08.2022.

The allegation against the petitioner is to kidnap the minor daughter of informant, aged about 16 years alongwith other co-accused persons/family members for the purpose of

Patna High Court CR. MISC. No.67187 of 2022(2) dt.24-02-2023 2/3 illicit intercourse.

Learned counsel appearing on behalf of the petitioner submitted that thrust of allegation is available from the statement of victim as recorded under Section 164 of the Cr.P.C. is of against co-accused Amarjit Sahani. It is submitted that maximum allegation against this petitioner is appearing that petitioner alongwith other co-accused, namely Bholiya Devi to taken up victim, up to nearby bus stand, from where victim was taken further by main co-accused Amarjit Sahani. It is also pointed out that similarly situated co-accused person, namely, Bholiya Devi has already been granted bail by one of the learned co-ordinate Bench of this Court vide order dated 08.02.2023 passed in Cr. Misc. No. 60205 of 2022.

While concluding the argument, it is submitted that petitioner is a lady of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, duly assisted by learned counsel Mr. Sandip Kumar Gautam appearing on behalf of the informant while opposing the prayer of bail submitted that petitioner is actively participated in alleged occurrence.

Considering the facts and circumstances as mentioned

Patna High Court CR. MISC. No.67187 of 2022(2) dt.24-02-2023 3/3 above as petitioner is a lady of clean antecedent, coupled with fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bakhri P.S. Case No. 57/2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T