Narayan Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 12338 of 2020

1. Narayan Giri S/o Late Yogi Giri.

2. Anita Devi wife of Narayan Giri Both are resident of village Verma P.S. Choraut District Sitamarhi .......Petitioners

Versus

The State of Bihar ............Opposite Party ======================================================== Appearance For the Petitioner : Mr.Pushpendra Kumar Singh, Advocate For the State : Mr. Rabindra Kumar, APP CORAM : HONOURABLE MR. JUSTICE PARTHA SARTHY Oral Order 15.7. 2020 Heard learned counsel for the petitioners and learned APP for the State through video conferencing.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Choraut P.S. Case no. 56 of 2019 registered under sections 366A, 363, 379 and 34 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that her minor daughter along with various articles mentioned therein was forcibly

taken away by the eight named accused persons including the two petitioners herein.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case which would be evident from the statement of the daughter of the informant recorded under section 164 Cr.P.C, Annexure 2 to the petition. From perusal of the said statement it would transpire that the daughter of the informant is not a minor and she categorically states therein that she had accompanied Arun Giri, they married in Darbhanga court and thereafter they proceeded to Bombay. She further states that her parents have lodged a false case. The petitioners happen to be the parents of the said Arun Giri. They have no criminal antecedent.

The application for bail is opposed by learned APP for the State. Having heard learned counsel for the parties and taking into consideration the statement of the daughter of the informant recorded under section 164 Cr.P.C, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with with Choraut P.S. Case no. 56 of 2019 they

will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Pupri, Sitamarhi, subject to the conditions as laid down in section 438(2) of the Criminal Procedure Code. (Partha Sarthy, J) Prakash U