Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2082 of 2023 Arising Out of PS. Case No.-318 Year-2014 Thana- DESARI District- Vaishali ====================================================== ASHA DEVI W/O Mahesh bhagat R/O Village- Mustafapur, P.OManiyarpur, P.S- Biddupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kanchan Kumari For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366, 120(B) of the Indian Penal Code.

The prosecution case, in brief, is that the informant alleged that the petitioner along with co-accused persons taken away his wife and child for illegal purpose. Thereafter, this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It further submitted vide para-6 of the petition that although the petitioner is named in the FIR but she is close relative of the informant and she often used to visit his residence. At the date of incident, the informant was

Patna High Court CR. MISC. No.2082 of 2023(3) dt.07-07-2023 2/2 not present in the city and he is not the witness of the alleged occurrence. Only suspicion has been raised against the petitioner and implicated her in a false case. The victim has not traced out as yet. During course of investigation, no any consistent material has come against the petitioner which suggests her complicity in the alleged offence. She has got no criminal antecedent and languishing in judicial custody since 29.9.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the petitioner, being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Deshari P.S. Case No. 318 of 2014 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 4th Hajipur at Vaishali.

(Sunil Kumar Panwar, J) Amandeep/- U T