Radha Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9528 of 2022 Arising Out of PS. Case No.-227 Year-2020 Thana- LAURIA District- West Champaran ====================================================== 1.

Radha Mukhiya Son of Late Harihar Mukhiya R/o Village- Sisai, P.S.- Lauriya, District- West Champaran.

2.

Babita Devi @ Babi Devi Wife of Radha Mukhiya R/o Village- Sisai, P.S.- Lauriya, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Gauri Shankar Thakur For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in Lauriya P.S. Case No.227 of 2020, registered for the offences punishable under Sections 363, 366(A), 504 and 34 of the Indian Penal Code.

The petitioners are said to have kidnapped the daughter of the informant for the purpose of marriage. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No specific overt act is alleged against the petitioners. It is submitted that after investigation the police has

Patna High Court CR. MISC. No.9528 of 2022(2) dt.02-08-2022 2/2 filed final form against the petitioners, but on the basis of the materials available in the case diary, the learned court below took cognizance against the petitioners.

The learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts that the police after investigation submitted final form against the petitioners and no specific overt act is alleged against the petitioners, 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 Additional Judge VIIth-cum-Special Judge (POCSO), West Champaran at Bettiah in connection with Lauriya P.S. Case No.227 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) Sanjay/- U T