← Library
Patna High CourtCR. MISC./10691/2023allowed

Dharmendra Sao @ Karu Sao v. The State Of Bihar

2023-05-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10691 of 2023 Arising Out of PS. Case No.-250 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.

DHARMENDRA SAO @ KARU SAO S/o Ram Ishwar Sao R/O VillageManpur Pehani Near Moli Kalender, P.S- Bunyadganj, District- Gaya 2.

Deepak Sao @ Deepak Kumar S/O Nand Kishore Sao R/O Village- Manpur Pehani Near Moli Kalender, P.S- Bunyadganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheikh Arkan Ahmad For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 366A, 504 and 506/34 of the Indian Penal Code. As per the prosecution case, allegation against the petitioners is that they forcibly abducted daughter of the informant.

Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioners were made accused in this case merely on suspicion. He submits that the victim in her statement under Section 164 of the Cr.P.C., has

Patna High Court CR. MISC. No.10691 of 2023(2) dt.10-05-2023 2/2 not supported the prosecution case. He submits that the Medical Board assessed the age of the victim as 19 years, as enclosed in Annexure-3 of the bail application. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and the statement of victim under Section 164 of the Cr.P.C., 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 Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Buniyadganj P.S. Case No.250 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

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