Jhuniya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62888 of 2019 Arising Out of PS. Case No.-167 Year-2019 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== JHUNIYA DEVI Son of Surendra Ram Resident of Village and P.O-Badaura, P.S.-Ramgarh, District-Kaimur (Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Garg For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2020 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Ramgarh P.S.Case No.167 of 2019 , registered for offences punishable under Sections 366(A) and 120(b) of the Indian Penal Code.

Allegation against the petitioner is of kidnapping of the minor daughter of the informant by the petitioner and one another accused persons. Further submission is that one Sujeet Kumar Ram has enticed her away .

Submission of the learned counsel for the petitioner is that allegations are false and concocted and as a matter of fact the girl has filed an affidavit showing that she was not kidnapped and the accused persons are innocent and considering the same other accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 16.10.2019 passed in Cr. Misc. No.62203 of 2019

Patna High Court 6CR. MISC. No.62888 of 2019(4) dt.09-01-2020 2/2 and order dated 18.12.2019 passed in Cr. Misc. No.70919 of 2019. Petitioner is a lady and allegation is also vague. On the other hand the learned counsel for the informant has opposed the prayer for bail on the ground that the girl is still tracless.

Heard learned A.P.P. also.

Having heard both sides and considering the submissions as well as the fact that the girl is a lady and two other accused persons have been granted bail by Co-ordinate Bench of this Court, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM Ist, Kaimur at Bhabua in connection with Ramgarh P.S.Case No.167 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T