Kabita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75572 of 2023 Arising Out of PS. Case No.-250 Year-2023 Thana- BIHPUR District- Bhagalpur ====================================================== KABITA DEVI WIFE OF SUNIL DAS @ SUNIL KUMAR DAS RESIDENT OF VILLAGE- WARD NO. JAIRAMPUR NANHKAR, P.S. BIHPUR, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner is permitted to make necessary correction in para 9 of the bail petition in course of the day.

3. The petitioner has preferred this application for grant of anticipatory bail in connection with Bihpur P.S. Case No. 250 of 2023, dated 25.04.2023 for the offences punishable under Section 366A/34 of the Indian Penal Code.

4. As per prosecution case, the petitioner and with other co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of the marriage.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.75572 of 2023(4) dt.04-04-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is made accused in this case because she is the mother of the co-accused Amit Mandal. There was love affair between the victim girl and co-accused Amit Mandal.

6. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Naugachia, Bhagalpur in connection with Bihpur P.S. Case No. 250 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T