Nirmla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81300 of 2019 Arising Out of PS. Case No.-210 Year-2019 Thana- AMNAUR District- Saran ====================================================== NIRMLA DEVI W/o- Sri Rajesh Shah, R/o- Village- Dharhara Khurd, P.O.- Dharhara Kala, P.S.- Amnour, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends her arrest in connection with Amnour P.S. Case No. 210 of 2019 for the offence punishable under Sections 365 and 366(A) of the Indian Penal Code. The allegation is regarding the accused persons having kidnapped the victim girl.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted by the learned counsel for the petitioner, by referring to the statement made by the victim lady under Section 164 of the Cr. P.C. before the learned Magistrate, that she was taken by the petitioner to Garkha where she was kept for two days and then the petitioner had taken her to Chainpur where she was kept for ten days and thereafter she was brought back to his house by his brother. Hence, it is

Patna High Court CR. MISC. No.81300 of 2019(2) dt.21-01-2020 2/2 submitted that no untoward incident has taken place and the alleged allurement of the girl has not been done for the purposes of solemnizing her marriage and it is the contention of the learned counsel for the petitioner that the victim lady has already been married.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, coupled with the fact that no untoward incident is alleged to have been taken place with the victim girl, I deem it fit and proper to direct for release of the petitioner on anticipatory bail. Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner, above named, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Chapra (Saran) in connection with Amnour P.S. Case No. 210 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Tiwary/- U T