Dilwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6738 of 2020 Arising Out of PS. Case No.-167 Year-2019 Thana- PRANPUR District- Katihar ====================================================== 1.

DILWAR Son of Sk. Rabbul R/O- Bairia, P.S.- Pranpur (Roshna), Distt.- Katihar 2.

Bibi Idia @ Bibi Hadia Wife of Sk. Rabbul R/O- Bairia, P.S.- Pranpur (Roshna), Distt.- Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Adv For the Opposite Party/s :

Mr. Ram Narsesh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2020 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 363, 365/34 of the Indian Penal Code.

Allegation against the petitioners is of alluring and thereafter kidnapping the daughter of the Informant along with FIR named accused persons.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to local village politics and personal grudge of the Informant. The victim girl was recovered and in her statement

Patna High Court CR. MISC. No.6738 of 2020(2) dt.01-10-2020 2/2 recorded under Section 164 of the Cr.P.C she has not even whispered a word about these petitioners. Similarly situated coaccused Hasina Khatoon whose name has been taken by the victim girl in her statement recorded under Section 164 of Cr.P.C has been granted anticipatory bail by a co-ordinate bench of this Court vide order dated 17.06.2020 passed in Criminal Miscellaneous No. 7747 of 2020. Petitioners have got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on anticipatory bail in the event of their arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bonds of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Pranpur (Roshna) P.S. Case No. 167 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) ranjan/- U