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Patna High CourtCR. MISC./83163/2023bail granted

Chandrawati Devi v. The State Of Bihar

2024-01-10Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83163 of 2023 Arising Out of PS. Case No.-182 Year-2023 Thana- KARAKAT District- Rohtas ====================================================== Chandrawati Devi W/O Shyam Biari Ram @ Shyam Bihari Prasad R/O VillJamuara P.S Suryapura Dist-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Singh, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Karakat P.S. Case No. 182 of 2023 dated 24.06.2023 instituted for the offence punishable under Sections 341, 323, 354(B)/34 of the Indian Penal Code and Section 66 and 67 of the I.T. Act.

3. The prosecution case, in short, is that on 24.02.2023, the daughter of the informant had gone to market for buying some articles. Then, Kamendra Kumar, son of the petitioner, took his daughter to Vikramganj and forcibly got her signature on paper with intention to marry with her. When the daughter of the informant protested, she was assaulted. It is alleged that he wanted to marry his daughter forcibly and for this, he along with his family members used to blackmail her

Patna High Court CR. MISC. No.83163 of 2023(2) dt.10-01-2024 2/3 daughter by uploading her photographs on mobile.

4. Learned counsel for the petitioners submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that the petitioner's son and the informant's daughter has fallen in love, and as per her own will the daughter of the informant married her son, namely, Kamendra Kumar, for which the informant was not ready, as such, he lodged the present case. Learned counsel for the petitioner submits that as per the F.I.R, the date of occurrence is 24.02.2023 and F.I.R. has been lodged on 24.06.2023 with long delay of four months without any explanation. Learned counsel for the petitioner submits that petitioner is the mother of the said Kamendra Kumar. The age of the informant' daughter is 19 years and she is major. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Karakat P.S. Case No. 182 of 2023, she will be released on anticipatory bail upon

Patna High Court CR. MISC. No.83163 of 2023(2) dt.10-01-2024 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Bikramganj, Dist- Rohtas subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T