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Patna High CourtCR. MISC./72854/2022allowed

Bibha Devi @ Bibha Kumari v. The State Of Bihar

2023-06-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72854 of 2022 Arising Out of PS. Case No.-534 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== BIBHA DEVI @ BIBHA KUMARI W/o Late Ajay Singh R/v- Manjhos, P.S.- Makhdumpur, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyamal Krishna Sinha For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 366(A) of the Indian Penal Code.

As per allegation in the FIR, co-accused Akhilesh Verma in connivance with the petitioner took away the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There is no specific overt act of committing wrong by this petitioner. In the statement of the victim girl recorded u/s 164 Cr.P.C., she has not made any allegation against the petitioner. Co-accused Akhilesh Verma, who has enticed away the victim girl, has

Patna High Court CR. MISC. No.72854 of 2022(3) dt.20-06-2023 2/2 already been enlarged on bail by this court vide order dated 19.6.2023 passed in Cr. Misc. No. 8742 of 2023. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 20.09.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna in connection with Gardanibagh P.S. Case No. 534 of 2022.

(Sunil Kumar Panwar, J) sushma/- U