Renu Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Renu Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner to be released on bail upon arrest or surrender before the learned Court below within six weeks, on furnishing bail-bonds of Rs.10,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, implicated in Baniyapur P.S. Case No. 301 of 2023 registered for offences under Sections 365 and 366(A) IPC on the allegation of kidnapping the informant's minor daughter along with her son Adarsh Kumar, should be granted anticipatory bail under Section 438 Cr.P.C.

Ratio / Principle

Anticipatory bail granted: in the event of the petitioner's arrest or surrender before the learned Court below within a period of six weeks, she is directed to be released on bail on furnishing bail-bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Court below where the case is pending in connection with Baniyapur P.S. Case No.301 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL - GRANTED. Petitioner, mother of co-named person Adarsh Kumar, sought pre-arrest bail in Baniyapur P.S. Case No. 301 of 2023 (District Saran) registered for offences under Sections 365 and 366(A) IPC on the allegation that she and her son kidnapped the informant's minor daughter for marriage. Counsel submitted she is a woman of clean antecedent implicated merely on suspicion of her son's acquaintance with the minor girl; learned APP opposed the application. Held: considering the submissions, the petitioner, in the event of her arrest or surrender before the learned Court below within six weeks, is directed to be released on bail on furnishing bail-bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C. Application allowed. (Satyavrat Verma, J.) [Patna High Court, CR. MISC. No. 4890 of 2024, decided 21-02-2024.]

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4890 of 2024

Arising Out of PS. Case No.-301 Year-2023 Thana- BANIAPUR District- Saran

======================================================

Renu Devi Wife of Manoj Puri Resident of village - Karhi, Police Station - Baniyapur, District - Saran (Chapra).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Ms. Pushpa Sinha.1, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 21-02-2024

Heard learned counsel for the petitioner as well as

learned APP for the State.

The petitioner seeks bail in anticipation of her

arrest in a case registered for the offences punishable under Sections 365, 366(A) of the IPC.

The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a women and being mother of Adarsh Kumar came to be implicated in the instant case by the informant who alleges that his minor daughter had gone to attend the call of nature, but when she did not come back a search was made and it transpired that she used to talk to one boy namely Adarsh Kumar, as such based on suspicion it was alleged that Adarsh Kumar and his mother kidnapped the minor daughter of the informant for the purposes of marriage. It is next submitted that daughter of the informant

Patna High Court CR. MISC. No.4890 of 2024(2) dt.21-02-2024 2/2

and son of the petitioner were knowing each other but then neither the informant nor the petitioner were aware of the said relationship, but since petitioner is mother of Adarsh, as such based on suspicion she was also implicated in the instant case.

The learned APP opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Baniyapur P.S. Case No.301 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J)

Prakash Narayan U T