Naresh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12255 of 2022 Arising Out of PS. Case No.-209 Year-2021 Thana- AMNAUR District- Saran ====================================================== 1.

Naresh Giri Son of Kailash Giri Resident of Village - Mura Mathia, P.s.- Amnour, Distt.- Saran at Chhapra.

2.

Shobha Giri W/o Naresh Giri Resident of Village - Mura Mathia, P.s.- Amnour, Distt.- Saran at Chhapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Amnour P.S. Case No.209 of 2021, registered for the offences punishable under Sections 368, 364 and 365 of the Indian Penal Code.

Petitioner No.2, Shobha Giri is said to have come to the house of the informant and called her husband. The husband of the informant went with Shobha Giri, but he did not return. When the informant went to the house of the petitioners and asked about her husband, the petitioners told that he would come back within 2-4 days but the husband of the informant did not return. It is alleged that the petitioners have kidnapped the

Patna High Court CR. MISC. No.12255 of 2022(2) dt.03-08-2022 2/3 husband of the informant.

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 further submitted that the husband of the informant was brought and produced before the police by the petitioners and this matter was reported in local newspaper 'Dainik Bhaskar' on 15.11.2021 (Annexure-4). It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition.

The learned APP for the State opposed the prayer for anticipatory bail of the petitioners and submitted that the statement of the victim, Guddu Giri was recorded under Section 164 Cr.P.C. in which he stated that on the date of occurrence, the petitioner no.2, Shobha Devi called him from his house and accused Naresh Giri took him on his motorcycle and in the way he forcibly gave some medicine to him due to which he became unconscious. Later on, he was taken to Delhi and Chennai and was forced to work.

Taking into consideration the facts and circumstances of the case and the fact that there is no allegation of demanding ransom from the husband of the informant, let petitioners, above

Patna High Court CR. MISC. No.12255 of 2022(2) dt.03-08-2022 3/3 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 ACJM-IV, Saran at Chhapra in connection with Amnour P.S. Case No.209 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