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Patna High CourtCR. MISC./8636/2022allowed

Prabha Devi @ Paro Devi @ Uma Devi v. The State Of Bihar

2022-07-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8636 of 2022 Arising Out of PS. Case No.-214 Year-2021 Thana- BALIYA District- Begusarai ====================================================== 1.

PRABHA DEVI @ PARO DEVI @ UMA DEVI W/o Yogi Rajak Resident of Village- Parwaltola, P.s.- Balia (Bhagatpur), District- Begusarai. 2.

NISHA KUMARI D/o Yogi Rajak Resident of Village- Parwaltola, P.s.- Balia (Bhagatpur), District- Begusarai.

3.

UDAY RAJAK S/o Yogi Rajak Resident of Village- Parwaltola, P.s.- Balia (Bhagatpur), District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Udbhav For the Opposite Party/s :

Mr. Satya Nand Shukla For the Informant :

Mr. Arjun Prasad Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in connection with Balia P.S. Case No.214 of 2021, registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.

The petitioners are said to have kidnapped the minor daughter of the informant.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. Petitioner No.1 is the mother of co-accused Guddu Kumar and the specific allegation is against Guddu Kumar. Petitioners

Patna High Court CR. MISC. No.8636 of 2022(4) dt.06-07-2022 2/2 No.2 and 3 are the daughter and son of petitioner no.1. There is no specific allegation against these petitioners. It is further submitted that the victim girl has been recovered and her statement was recorded under Section 164 Cr.P.C. in which she has not taken the names of these petitioners. The learned APP for the State and the learned counsel for the informant opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Balia P.S. Case No.214 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J.) Sanjay/- U T