Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4580 of 2024 Arising Out of PS. Case No.-18 Year-2023 Thana- SUPPI District- Sitamarhi ====================================================== NIRMALA DEVI W/O SHIVENDRA KUMAR SINGH@SHIVENDRA SINGH R/O VILL-KANSARA, PS-SUPPI, DIST-SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP.

Mr. Ritesh Kumar Narain Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2024 Heard learned counsels for the parties.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 363, 366A, 34 of the Indian Penal Code and Section 8 of the Protection of Child from Sexual Offences Act.

3. Allegedly, all the FIR named accused persons including the petitioner are said to have kidnapped the minor daughter of the informant and when the informant tried to save her, they assaulted him as well.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. She has been falsely implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.4580 of 2024(2) dt.17-02-2024 2/3 allegation levelled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against other co-accused. Petitioner is not named in the FIR. Her name has been transpired in the present case due to land dispute between the husband of the petitioner and the informant. It is further submitted that the husband and the son of the petitioner have already been granted privilege of anticipatory bail vide order dated 11.12.2023 in Cr. Misc. No. 51480 of 2023, which is also evident from Annexure P/4. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the similarly situated co-accused have been granted anticipatory bail, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Suppi P.S. Case No.

Patna High Court CR. MISC. No.4580 of 2024(2) dt.17-02-2024 3/3 18 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T