Sharda Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12730 of 2023 Arising Out of PS. Case No.-239 Year-2022 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.
SHARDA DEVI Wife of Achhelal Ram R/v- Kusdewara Bangara, P.S.- Maharajganj, District- Siwan 2.
ROHIT KUMAR Son of Achhelal Ram R/v- Kusdewara Bangara, P.S.- Maharajganj, District- Siwan ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard the parties.
The petitioners apprehend their arrest in a case registered for the offence punishable u/s 363, 366A/34 of the IPC. As per the prosecution case, the daughter of the informant is said to have been enticed and taken away by one Amrit Kumar for the purpose of marriage. Petitioner no.1 is the mother and petitioner no.2 is the brother of Amrit Kumar. 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 grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific
Patna High Court CR. MISC. No.12730 of 2023(2) dt.28-04-2023 2/2 rather general and omnibus in nature. The statement of the victim was recorded u/s 164 Cr.P.C., in which, she has not supported the prosecution case. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the statement of the victim, 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 court below where the case is pending/Successor Court in connection with Maharajganj P.S. Case No.239 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T