Nisha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68054 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- PANAPUR District- Saran ====================================================== Nisha Kumari, D/o Kameshwar Singh, Resident of Village- Rasauli, P.S.- Panapur, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kant Singh For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner in this case is seeking anticipatory bail in connection with Panapur P.S. Case No.82 of 2019 registered for the offences punishable under Sections 363 and 366A/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that the petitioner has committed no offence as alleged in the FIR.
Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case wherein although in the FIR the informant has come out with a
Patna High Court CR. MISC. No.68054 of 2019(3) dt.17-12-2019 2/3 statement that her daughter had gone with this petitioner to the worship place and did not return, after going through the case diary, learned APP for the State submits that in course of investigation in her restatement the informant has stated that in fact her son Manjit kumar had taken both girls i.e.
the petitioner as well as the daughter of the informant to the worship place and from there the victim girl had gone missing, this petitioner being 19 years old girl and is a student has been involved in this case out of some neighbourhood rivalries and co-accused Girija Singh and another accused Bipin Bihar Singh have been granted regular bail in this case as also it is the submission that the victim girl seems to have eloped with Chandan Kumar about whom a missing report is submitted by his mother, in the totality of the circumstances, let the petitioner in the event of her arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned C.J.M.
, Saran at Chapra in connection with Panapur P.S. Case No.82 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.
Patna High Court CR. MISC. No.68054 of 2019(3) dt.17-12-2019 3/3 required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T