Kabita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84831 of 2024 Arising Out of PS. Case No.-158 Year-2024 Thana- PASRAHA District- Khagaria ====================================================== Kabita Devi Wife of Sulekha Devi Resident of Village-Mahaddipur, P.S.- Pasraha, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Saurabh For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Pasraha Police Station Case No. 158 of 2024, dated 28.06.2024, disclosing offences punishable under Sections 366-A/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the informant's daughter, aged about 16 years was abducted/kidnapped by the petitioner and other coaccused persons for the purpose of marriage.

4. Learned Counsel for the petitioner submits that entire family members have been made accused due to village rivalry. The statement of the victim girl was recorded

Patna High Court CR. MISC. No.84831 of 2024(3) dt.08-04-2025 2/3 under Section 164 of the Code of Criminal Procedure, 1973, in which she has stated that due to some quarrel with her mother, the victim girl left her house and went to the house of her maternal aunt, namely, Soni Devi, at Jagdishpur, and stayed there for two months. A copy of the statement of the victim girl, recorded under Section 164 of the Code of Criminal Procedure, 1973, has been annexed as Annexure P/2 to this application.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, 1973, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria, in connection with Pasraha Police Station Case No. 158 of 2024, subject to the condition laid down under Section 438 (2) of the

Patna High Court CR. MISC. No.84831 of 2024(3) dt.08-04-2025 3/3 Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √