Patna High CourtCR. MISC./71082/2024dismissed

Puniya Devi v. The State Of Bihar

2024-12-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71082 of 2024 Arising Out of PS. Case No.-264 Year-2023 Thana- ATHMALGOLA District- Patna ====================================================== Puniya Devi Wife of Vijendra Mochi Resident of village - Sabnima, P.S.- Athmalgola, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-12-2024 This is the second attempt of the petitioner for grant of regular bail as earlier the bail application of the petitioner was rejected vide order dated 05.03.2024 passed in Cr. Misc. No. 79729 of 2023 which reads as under:- Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under sections 363(A), 366(A), 370(A)/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner is the mother of a 12 year old victim. With her consent, the victim girl was sold in Rajasthan for Rs. 1 Lakh 80 Thousand out of which Rs. 1 Lakh 20 Thousand was given to the petitioner. Petitioner is in jail since 02.09.2023.

4. Considering the allegations levelled against the petitioner, I am not inclined to grant bail to the petitioner. This application for regular bail is dismissed.

Patna High Court CR. MISC. No.71082 of 2024(2) dt.11-12-2024 2/2

2. It has been submitted by the learned counsel for the petitioner that the petitioner being a woman is in jail since 2.9.2023 and therefore her bail may be considered.

3. Considering the allegation levelled against the petitioner, this Court is not inclined to grant bail to the petitioner.

4. Moreover, the trial has started and witnesses have been examined. The petitioner does not deserve bail in view of the law laid down by the Hon'ble Supreme Court in the case of X Vs. State of Rajasthan and Anr. reported in 2024 SCC OnLine SC 3539.

(Sandeep Kumar, J) Vikas/- U