Allowed

Asha Devi v. The State of Bihar

Patna HC9 Dec 2024CR. MISC./54401/2024

Case brief

AI extract

What is this about?

Petitioner apprehended arrest in a kidnapping case involving the informant's minor daughter, with general and omnibus allegations and no specific overt act attributed to her. A co-accused had already been granted bail. The court allowed her anticipatory bail subject to CrPC Section 438(2) conditions.

What did the court decide?

Anticipatory bail granted on furnishing bail bond of Rs. 10,000 with two sureties of like amount, subject to Section 438(2) CrPC conditions.

Asha Devi Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54401 of 2024

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Arising Out of PS. Case No.-818 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran

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

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Asha Devi Wife of Rajendra Prasad Yadav R/o Village- Saraiya, P.S.Piprakothi, Dist.- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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Appearance : For the Petitioner/s : Mr. Pramod Kumar Prasad, Adv. For the State : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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4 09-12-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner is apprehending her arrest in connection with Motihari Muffasil P.S. Case No. 818 of 2023, instituted for the offences under Sections 363, 366(A), 34 of the Indian Penal Code and Section 8 of the POCSO Act.

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It is alleged that in the night of 01-11-2023, the accused persons came at the door of the informant and on call, while informant’s minor daughter came out, the accused persons

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Patna High Court CR. MISC. No.54401 of 2024(4) dt.09-12-2024 2/3

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kidnapped her for the purpose of marriage.

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Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is general and omnibus allegation levelled against the petitioner and no specific overt act alleged against her. He further submitted that on similar footing coaccused namely, Rajendra Prasad Yadav has been granted regular bail vide order dated 03.09.2024 passed in Cr. Misc. No. 32055 of 2024 by this Court. Moreover, the petitioner is a person of clean antecedent.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the aforesaid facts and circumstances as also the fact that the other co-accused person has already been granted bail, let the petitioner, above named, in the event of arrest/surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 6^th Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran, Motihari in connection with Motihari Muffasil P.S. Case No. 818 of 2023, subject to the

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Patna High Court CR. MISC. No.54401 of 2024(4) dt.09-12-2024 3/3

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conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Nawneet Kumar Pandey, J)

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Arish/-

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U T

Asha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Asha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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