Savitri Devi @ Savitry Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75284 of 2022 Arising Out of PS. Case No.-552 Year-2019 Thana- NATHNAGAR District- Bhagalpur ====================================================== Savitri Devi @ Savitry Devi W/O Bhushkari Yadav @ Bhuskari Yadav Resident Of Village- Dhobiyahi Tola Pariya @ Padia, P.S.- Bariyarpur @ Bariarpur, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 552 of 2019 registered under sections 363, 365, 504, 323, 506 and 34 of the Indian Penal Code and later on Section 302 of the IPC was added. Allegation against the petitioner along with other coaccused persons is that they kidnapped the daughter of the informant. Further alleged that earlier the accused persons had threatened him with the dire consequences.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has

Patna High Court CR. MISC. No.75284 of 2022(2) dt.24-03-2023 2/3 falsely been implicated in this case due to village politics and family disputes. It is further submitted from para-8 of this petition that the petitioner is mother-in-law of the co-accused namely, Mantu Yadav who is brother-in-law of the informant and due to dispute between the informant and the said Mantu Yadav, name of this petitioner included in the false case. There is no consistent evidence against her rather general and omnibus allegation has been levelled against her and also no eyewitness of the alleged occurrence. A statement has been made in para-3 of this petition that she has got no criminal antecedent. She is languishing in judicial custody since 18.10.2022. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 08.02.2021 in Cr. Misc. No. 40462 of 2020.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 552 of 2019 on furnishing bail

Patna High Court CR. MISC. No.75284 of 2022(2) dt.24-03-2023 3/3 bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VI-cum-Exclusive Special Judge POCSO Bhagalpur.

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