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Patna High CourtCR. MISC./9382/2023allowed

Premi Devi v. The State Of Bihar

2023-06-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9382 of 2023 Arising Out of PS. Case No.-347 Year-2020 Thana- SURSAND District- Sitamarhi ====================================================== 1.

Premi Devi W/O Dukhharan Mandal R/O- Hanuman Nagar, Brahmsthan Tola, P.S.- Sursand, District- Sitamarhi 2.

Pankaj Mandal @ Pankaj Kumar S/O Dukhharan Mandal R/O- Hanuman Nagar, Brahmsthan Tola, P.S.- Sursand, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

Earlier, the prayer for bail of the petitioners was permitted to be withdrawn vide order dated 10.03.2022.

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

It is alleged by the informant that the petitioners along with other co-accused have forcibly kidnapped the minor daughter of the informant.

Patna High Court CR. MISC. No.9382 of 2023(3) dt.21-06-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The victim girl in her statement recorded under Section 164 Cr.P.C has stated that since she was not ready to marry with the boy which was selected by her parents, she left her house and went to the Haridwar of her own and stayed for six months. Thereafter, she met with their family members in Haridwar who took her with them in her house. She has not assigned any role against the petitioners in her kidnapping. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before learned Court below, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge (POCSO) Act,

Patna High Court CR. MISC. No.9382 of 2023(3) dt.21-06-2023 3/3 Sitamarhi in connection with Sursand P.S. Case No. 347 of 2020.

(Sunil Kumar Panwar, J) Shageer/- U T