Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74073 of 2022 Arising Out of PS. Case No.-79 Year-2022 Thana- BATHNAHA District- Sitamarhi ====================================================== Sangita Devi, Wife of Devendra Singh R/v- Sonbarsa Lalitpur, P.S.- Bathnaha, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Bathnaha P.S. Case No.79 of 2022 registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code. She has no criminal antecedent.

As per the prosecution story, the allegation against the petitioner is that she had involved in kidnapping of the minor daughter of the informant along with her son and other named accused persons.

Learned counsel for the petitioner submits that the petitioner is the mother of the co-accused Satyam Kumar, the boy with whom the minor daughter of the informant is said to

Patna High Court CR. MISC. No.74073 of 2022(2) dt.29-04-2023 2/3 have eloped and no specific role of the petitioner has been alleged in the said occurrence.

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

Having regard to the facts and circumstances of the case, considering that the petitioner is the mother of the coaccused Satyam Kumar, the boy with whom the minor daughter of the informant is said to have eloped and no specific role of the petitioner has been alleged in the said occurrence, this Court directs release of the petitioner above named on bail in the event of her arrest or surrender within a period of four weeks from today in connection with Bathnaha P.S. Case No.79/2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail

Patna High Court CR. MISC. No.74073 of 2022(2) dt.29-04-2023 3/3 bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T