Aarti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87713 of 2024 Arising Out of PS. Case No.-381 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== Aarti Devi W/o Santosh Paswan R/o vill - Lodhyay, P.S- Fatehpur, Distt.- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bacchu Sao S/o Late Prasadi Sao R/o vill - Khathiaun, P.S. - Fatehpur, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 08-05-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Fatehpur P.S. Case No. 381 of 2024, registered for the offences punishable under Sections 366(A), 504 and 506/34 of the Indian Penal Code.

3. Allegedly, the son of the petitioner enticed away with the minor daughter of the informant and in the said crime, the petitioner along with others have extended their favour.

4. Learned Advocate for the petitioner referring to the FIR has contended that petitioner is none else but the mother of Rishu Kumar, against whom there is allegation of eloping the

Patna High Court CR. MISC. No.87713 of 2024(3) dt.08-05-2025 2/3 daughter of the informant. It is further contended that soon after the occurrence, the daughter of the informant was recovered and produced before the Court where her statement was recorded under Section 164 Cr.P.C., wherein, she has not made any allegation against any of the person much less against the petitioner. Moreover, after going through the statement it appears that the allegation has been levelled against her parents that because of their misbehaviour, she voluntarily left her house. The petitioner is a lady having fair antecedent and she undertakes that she will fully co-operate in the proceeding of the Court.

5. On the other hand, learned counsel for the State and the informant opposed the pre-arrest bail application and submits that the minor daughter of the informant was taken away by the son of the petitioner and she extended help.

6. Regard being had to the submissions made on behalf of the parties and considering the materials available on record, specially the statement of the victim recorded under Section 164 Cr.P.C., wherein she has not made any allegation against the petitioner, let the petitioner above named be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of

Patna High Court CR. MISC. No.87713 of 2024(3) dt.08-05-2025 3/3 receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-X, Gaya, Bihar in connection with Fatehpur P.S. Case No. 381 of 2024, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) shivank/- U T