Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77910 of 2025 Arising Out of PS. Case No.-490 Year-2023 Thana- DINARA District- Rohtas ====================================================== Munni Devi W/o Santosh Rai R/o Village- Bhudwan, P.S- Dinara, DistRohtas, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Dinara P.S. Case No. 490 of 2023, Sessions Trial No. 423 of 2024 dated 04.10.2023 registered for the offences punishable under Sections 363 and 366 of the I.P.C.

3. As per the prosecution case, on 30.09.2023, the petitioner took the daughter of the informant, namely, Sita Kumari, with her after saying that they would return very soon. It is further alleged that when she did not return at evening, the informant went to the house of the petitioner to search for her then the petitioner told him that his daughter

2/4 went away much earlier but she did not return. It is further alleged that the informant received an information from his distant relative that his daughter had called him for two times on Mobile No. 8084367958 and the same Mobile No. 8084367958 belongs to the co-villager of the informant, namely, Indal Chaudhary, and his daughter is at his home. When the informant went to the house of his co-villager, Indal Chaudhary, he abused him and drove out from there.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is land dispute between the parties. It is further submitted that the alleged occurrence took place on 30.09.2023 and the F.I.R. has been lodged on 04.10.2023 and the delay in lodging the F.I.R. has not been explained by the prosecution. It is further submitted that no one has seen the alleged occurrence. It is further submitted that as a matter of the fact that there was love affair between the victim girl and the co-accused, Indal Chaudhary. The victim was adult girl and it is not possible for any one to take her away. The victim has not raised any alarm while she was

3/4 being taken to Jodhpur by train. There is no direct allegation against the petitioner to provoke the victim to commit suicide. It is further submitted that during the course of investigation not a single witness has said about the involvement of the petitioner in the alleged offence. The petitioner is a lady. The petitioner has no criminal antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 27.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner by submitting that the regular bail application of the petitioner has already been rejected by this court vide order dated 02.04.2024 passed in Cr. Misc. No. 65715 of 2024.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sasaram, Rohtas in connection with Dinara P.S. Case No. 490 of 2023, Session

4/4 Case No. 423 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T