Munni Devi @ Dulari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8652 of 2023 Arising Out of PS. Case No.-27 Year-2019 Thana- HULASGANJ District- Jehanabad ====================================================== 1.

MUNNI DEVI @ DULARI DEVI Wife of Late Kamlesh Yadav R/VMakimpur, P.S- Hulasganj, Dist- Jehanabad 2.

Sanni Kumar Son of Late Kamlesh Yadav R/V- Mokimpur, P.S- Hulasganj, Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kaushal Kishor, Adv.

For the Opposite Party/s :

Mr.Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 366/34 of the Indian Penal Code.

3. Allegedly, co-accused Dhananjay Yadav kidnapped the informant's daughter with the help of the petitioners and others.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners

Patna High Court CR. MISC. No.8652 of 2023(2) dt.18-04-2023 2/2 is not specific rather general and omnibus in nature. It is further submitted that after the investigation, the police had filed the final form against the petitioners but the learned Court below differing from the police report, took cognizance against the under Section 366(A)/34 of the Indian Penal Code. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the police has filed final form against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Hulasganj P.S. Case No. 27 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T