Sadhna Devi vs The State Of Bihar
2021 Latest Caselaw 3034 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.36555 of 2020
    Arising Out of PS. Case No.-490 Year-2020 Thana- BIHARSHARIF District- Nalanda
 ======================================================

Sadhna Devi, Female, aged about 50 years, W/o Anil Sharma @ Anil Kumar Sharma, resident of Mohalla - Mogal Kuan, (Etwari Bazar), Police Station - Soh Sarai, District - Nalanda.

... ... Petitioner/s

Versus

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

 For the Petitioner/s    :        Mr. Satya Ranjan Sinha, Advocate
 For the State           :        Ms. Antia Kumari, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Staya Ranjan Sinha, learned counsel for

the petitioner and Ms. Anita Kumari, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Bihar PS Case No. 490 of 2020 dated 04.08.2020, instituted

under Section 366-A of the Indian Penal Code.

4. The allegation against the petitioner is that she,

along with her brother and son, had abducted the minor

daughter of the informant for the purpose of getting her married

to her son and that when the girl had contacted the informant,

the informant could hear that the petitioner was also agreeable

to such marriage.

Patna High Court CR. MISC. No.36555 of 2020 dt.05-07-2021

5. Learned counsel for the petitioner submitted that

the allegation is totally false. It was submitted that the son of the

petitioner is also a minor and both the families were living in the

rented house of common landowner Ajay. Learned counsel

submitted that the FIR has been instituted on 04.08.2020 and the

incident is said to have occurred at 10.45 PM and the girl has

been recovered and in her statement before the Court under

Section 164 of the Code of Criminal Procedure, 1973, on

06.08.2020, she has stated that on 04.08.2020, she had hot talk

with her brother due to which she caught a train and came to

Patna and got down at Patna City and there she went to the

Police Station and told them that she was lost and wanted to go

back to her parent's place. The said police had called Nalanda

police and they had come and taken her back. It was pointed out

that when she was asked whether she had been taken by

anybody under any threat or coercion, she has denied the same.

Learned counsel for this proposition drew the attention of the

Court to Annexure-2, which is copy of the statement of the girl

recorded before the Court. It was submitted that just because she

is the mother of the co-accused, Prince, she has been made

accused and has no criminal antecedent. Learned counsel

submitted that the son of the petitioner, namely, Prince, being a Patna High Court CR. MISC. No.36555 of 2020 dt.05-07-2021

juvenile, has been granted bail by the Juvenile Justice Board.

6. Learned APP submitted that as per the allegation,

the minor daughter of the informant was abducted. However,

she could not controvert the categorical stand of the girl herself

that she herself had run away and, thus, there was no question of

involvement of any of the accused as she was never abducted.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the learned Chief Judicial Magistrate, Nalanda at Bihar Sharif,

in Bihar PS Case No. 490 of 2020, subject to the conditions laid

down in Section 438(2) of the Code of Criminal Procedure,

1973 and further (i) that one of the bailors shall be a close

relative of the petitioner, (ii) that the petitioner shall cooperate

with the Court and the police/prosecution. Failure to cooperate

shall lead to cancellation of her bail bonds.

8. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioner, to the notice of the Court concerned, which shall take Patna High Court CR. MISC. No.36555 of 2020 dt.05-07-2021

immediate action on the same after giving opportunity of

hearing to the petitioner.

9. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T