Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79832 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- KAJRA District- Lakhisarai ====================================================== Kiran Devi W/O Mukesh Tanti R/O Village - Shrighana, P.S.- Kajra District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate Mr. Ankit Kumar Jha, Advocate Ms. Rakhi Kumari, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Kajra P.S. Case No. 57 of 2024 instituted for the offence under Sections 363, 366(A) & 34 of the Indian Penal Code. 3.

As per prosecution case, on 25-05-2024, minor daughter of the informant went outside, but did not come back and informant believes that petitioner along with a boy of Uttar Pradesh has kidnapped his daughter.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.79832 of 2024(3) dt.13-02-2025 2/3 that the petitioner is in custody since 01-09-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel submits that there is delay of five days in lodging of the FIR. It is submitted that there is no whisper of any overt act against the petitioner even in the statement of the victim recorded under Section 164 of the Cr.P.C. Petitioner is no way concerned with the alleged occurrence. It is lastly submitted that charge sheet has been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that victim is recovered from the house of the petitioner, which fact finds mention at paragraph No. 62 of the case diary.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no overt act alleged against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.79832 of 2024(3) dt.13-02-2025 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kajra P.S. Case No. 57 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T