Kalpana Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7123 of 2022 Arising Out of PS. Case No.-483 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== KALPANA DEVI WIFE OF DEEPAK KUMAR DAS R/O VILLAGESHOBHNATHPUR, P.S.- KAHALGAON, DISTRICT- BHAGALPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 8080 of 2022 Arising Out of PS. Case No.-483 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== MAJNU DAS SON OF BUNDEL DAS RESIDENT OF VILLAGESHOBHNATHPUR, P.S.- KAHALGAON, DISTRICT- BHAGALPUR ... ... petitioners/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 7123 of 2022) For the petitioners/s :
Mr. Indeshwari Prasad Mandal, Adv For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP (In CRIMINAL MISCELLANEOUS No. 8080 of 2022) For the petitioners/s :
Mr. Chandrasekhar Sharma, Adv For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
Patna High Court CR. MISC. No.7123 of 2022(2) dt.01-08-2022 2/3 The petitioners apprehend their arrest in a case registered for the offence punishable under section 363, 366A of the I.P.C. and later on added section 376 I.P.C and 8 of the POCSO Act . Allegedly, the daughter of the informant disappeared in the night. After enquiry from neighbours, she got to know that co-accused Deepak enticed her daughter and his wife stated that her husband has taken away the victim.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to suspicion. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is also submitted that the prime accused Deepak Kumar Das is already in judicial custody. He further submits that the statement of the victim recorded in section 164 Cr.P.C. has not supported the prosecution case. Petitioners have no criminal antecedent, mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case and materials available on record, let the above named
Patna High Court CR. MISC. No.7123 of 2022(2) dt.01-08-2022 3/3 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 court below where the case is pending/Successor Court in Kahalgaon P.S. Case No. 483 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T