Lalmuni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69509 of 2022 Arising Out of PS. Case No.-293 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== LALMUNI DEVI W/o Rampukar Sahani, R/v- Lakhaura Bichala Tola, P.S.- Lakhaura, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Rajeev Nayan, APP, 231 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-03-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Muffasil (Lakhaura) P.S. Case No. 293 of 2022, registered for offence punishable under sections 363, 366(A), 34 of the Indian Penal Code and later on section 8 of the POCSO Act was added. There is allegation that the accused persons had kidnapped the minor daughter of the informant. The learned counsel for the petitioner has submitted that the petitioner is mother of co-accused Rajan Kumar, who had love and affection with the victim and the victim, in her statement under section 164 of the Cr.PC, has mentioned that Rajan had brought her to his mother. He has submitted further that at the pressure of her parents, the victim has named the petitioner in her statement under section 164 of the Cr.PC. The

Patna High Court CR. MISC. No.69509 of 2022(2) dt.15-03-2023 2/2 petitioner is a lady and she is under custody since 17.09.2022. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cumSpecial Judge, POCSO Act, East Champaran at Motihari in connection with Muffasil (Lakhaura) P.S. Case No. 293 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T