Priyanka Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17013 of 2021 Arising Out of PS. Case No.-108 Year-2019 Thana- BIHIA District- Bhojpur ====================================================== 1.

PRIYANKA DEVI W/o Suman Thakur, Resident of Village - Gaura, P.S.- Bihiya (Bahoranpur), Distt.- Bhojpur.

2.

Rakesh Tiwari @ Rakesh Kumar Tiwari Son of Bablu Tiwari Resident of Village - Bariswan, P.S.- Shahpur, Distt.- Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 366A/34 of the Indian Penal Code.

Allegation against the petitioners alongwith other accused persons is said to have kidnapped the daughter of the informant for marriage purpose.

It has been submitted by learned counsel for the petitioners that the petitioners are innocent and have falsely been implicated in this case. The statement of victim recorded under Section 164 Cr.P.C. stated that she has married with Vivek

Patna High Court CR. MISC. No.17013 of 2021(2) dt.08-12-2021 2/2 Rai from own will and her age is 20 years but court below has assessed her aged as 18 years and she has not stated about the complicity of the petitioner no.1. The petitioners have got no criminal antecedent, which is mentioned in para 3 of the bail application.

Learned APP for the State vehemently opposes the prayer for bail application.

In the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/ successor Court, in connection with Behea P.S. Case No. 108/2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sunil Kumar Panwar, J) amitkumar/- U T