Mahima Kumari @ Mahila Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75356 of 2022 Arising Out of PS. Case No.-263 Year-2022 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== MAHIMA KUMARI @ MAHILA KUMARI, D/o Rajesh Singh, Resident of Village- Madurna, P.S.- Chainpur, District- Kaimur at Bhabhua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kiran Kumari Sharma For the Opposite Party/s :

Mr.Jharkhandi Upadhyay Mr. Mithilesh Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-02-2023 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. The petitioner apprehends her arrest in connection with Chainpur P.S. Case No. 263 of 2022 registered for offence punishable under sections 363, 366(A)/34 of the Indian Penal Code.

As per FIR, the accused persons, including the petitioner brought the minor daughter of the informant in conspiracy to their house and thereafter, they persuaded to flee away with co-accused, Pankaj Kumar. The accused persons threatened the family members of the informant. The informant's daughter is still traceless.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.75356 of 2022(3) dt.06-02-2023 2/3 that the petitioner is sister of main accused, Pankaj Kumar with whom the victim had love and affection and had fled away with him. The petitioner has falsely been implicated in this case merely because she is unmarried sister of the main accused, Pankaj Kumar.

On the other hand, the learned counsel for the informant and the learned APP have opposed the prayer for bail and have submitted that the accused persons including the petitioner, had kidnapped the minor daughter of the informant. The learned counsel for the informant has submitted further that the informant has specifically mentioned the name of the petitioner in FIR and he has stated that she had called the victim from her house.

It appears that co-accused, Pankaj Kumar has kidnapped the minor daughter of the informant and the petitioner has falsely been implicated in this case. The learned counsel for the informant and the learned counsel for the petitioner have submitted that a process under section 83 of Cr. PC. has been issued.

Considering the aforesaid facts and circumstances of the case, the petitioner is directed to surrender before the court below and make a prayer for regular bail, which shall be

Patna High Court CR. MISC. No.75356 of 2022(3) dt.06-02-2023 3/3 considered on the same day without being prejudiced by this order.

With these observations, this petition is disposed of. (Nawneet Kumar Pandey, J) Mahesh/- U T