Tetri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71536 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== TETRI DEVI, aged about 50 years, Gender, Female, WIFE OF MUNNA RAJVANSHI, resident of MOHALLA- RAMHARI PIND RAJGIR, PSRAJGIR, DISTRICT- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-11-2023 Heard Mr. Pramod Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Gauri Shankar Gupta, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Rajgir P.S. Case No. 83 of 2023 registered for the offence(s) punishable under Section 366(A) of the Indian Penal Code.

3. As per the allegation made in the FIR, one Raja Kumar is believed to have abducted the minor daughter of the informant with the intention to marry her.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner has left the place of

Patna High Court CR. MISC. No.71536 of 2023(2) dt.07-11-2023 2/3 occurrence, where the alleged wrong was committed by coaccused/Raja Kumar. It is further submitted that victim has been recovered and her statement was recorded under Section 164 of Cr.P.C. It is informed by learned counsel appearing on behalf of the petitioner that the said Raja Kumar is absconding.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail and submitted that offence is serious and petitioner was found at the place of occurrence.

6. Considering the nature of allegation and also the facts that specific allegation of abducting the minor daughter of the informant with an intention to marry her is against coaccused/Raja Kumar and petitioner is mother of the said Raja Kumar, against whom the allegation is that of being present but not committed any assault, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the Court below within a period of four weeks from today, 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., Nalandad at Biharsharif in

Patna High Court CR. MISC. No.71536 of 2023(2) dt.07-11-2023 3/3 connection with Rajgir P.S. Case No. 83 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Sanjay/- U T