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
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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
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Appearance :
For the Petitioner/s
:
Mr. Anand Kumar Ojha, Advocate
For the Opposite Party/s :
Mr. Ashok Kumar Singh, A.P.P.
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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)
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