Priya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7936 of 2022 Arising Out of PS. Case No.-271 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

PRIYA KUMARI DAUGHTER OF UMESH PANDEY RESIDENT OF WARD NO. 10, ERAJI SAHWAJPUR, POLICE STATION- HAJIPUR SADAR, DISTRICT- VAISHALI 2.

POONAM DEVI WIFE OF SUNIL PANDEY RESIDENT OF WARD NO. 10, ERAJI SAHWAJPUR, POLICE STATION- HAJIPUR SADAR, DISTRICT- VAISHALI 3.

SUNAINA DEVI @ SHALENDRA DEVI WIFE OF VINDESHWAR THAKUR RESIDENT OF WARD NO. 10, ERAJI SAHWAJPUR, POLICE STATION- HAJIPUR SADAR, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No.2, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor 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.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 366(A), 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.7936 of 2022(2) dt.01-08-2022 2/3 Allegedly, the FIR named accused persons including the petitioners have kidnapped the niece of the informant. 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 ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The petitioners are the sister, aunt and grand mother of the co-accused Nitish. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The specific allegation is against Nitish, with whom the victim was in love affair and this was not acceptable to her uncle, as he was willing to get her married somewhere else, as such, this case has been lodged against the petitioner. It is submitted that the statement of the victim was recorded u/s 164 Cr.P.C., in which, she has not supported the prosecution case. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the victim has not supported the prosecution case, 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

Patna High Court CR. MISC. No.7936 of 2022(2) dt.01-08-2022 3/3 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 connection with Hajipur Sadar P.S. Case No.271 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T