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HIGH COURT OF PATNA
Mr. Justice Birendra Kumar
NITU DEVI – Appellant
Versus
The State – Respondent
CR. MISC./17698/2021



IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17698 of 2021

Arising Out of PS. Case No.-237 Year-2020 Thana- ITARHI District- Buxar

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

NITU DEVI D/O BHIKHARI CHOUHAN R/O VILLAGE - ITARHI, P.S-

ITARHI, DISTRICT-BUXAR.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. Anand Kumar Ojha, Advocate

For the Opposite Party/s :

Mr. Ashok Kumar Singh, A.P.P.

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

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR

ORAL ORDER

2

24-11-2021

Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four

weeks after complete start of the physical Court.

The petitioner is apprehending his arrest in a case

registered for the offences punishable under Sections 365, 366,

367, 368 and 370/34 of the Indian Penal Code.

The victim-girl is a married lady. In her statement

under Section 164 Cr.P.C. stated that the petitioner got her

married with co-accused Dipu. Dipu took her to Rajasthan. Dipu

was in physical relation with her. Co-accused Dinesh Chauhan

and the petitioner is alleged to have sold her.

Submission is that, in fact, the victim was major had

voluntarily married with Dipu and after break-up, false

allegation has been levelled.

Considering the facts aforesaid, let the petitioner,

Patna High Court CR. MISC. No.17698 of 2021(2) dt.24-11-2021

2/2

above named, in the event of her arrest or surrender before the

learned Court below within a period of thirty days from the date

of receipt of the order, be released on anticipatory bail on

furnishing bail bond of Rs.20,000/- (rupees twenty 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 Itarhi Police Station Case No. 237 of 2020, subject to the

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

Criminal Procedure as well as subject to the following

conditions:-

(a) The petitioner shall fully cooperate with the

investigation/trial of the case, failing which the learned court

below shall be at liberty to cancel the bail bond of the petitioner.

(b) Both the bailors shall be resident of territorial

jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without

permission of the learned trial court.

Kundan/-

(Birendra Kumar, J)

U

T

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