Pramila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14724 of 2022 Arising Out of PS. Case No.-269 Year-2021 Thana- KOTWA District- East Champaran ====================================================== PRAMILA DEVI Wife of Bhunesh Paswan @ Bhuneshvar Paswan Resident of Village - Barharwa Kala Purvi, P.O. and P.S. - Kotwa, District - East Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 15880 of 2022 Arising Out of PS. Case No.-269 Year-2021 Thana- KOTWA District- East Champaran ====================================================== SANDIP KUMAR Son of Bhunesh Paswan @ Bhuneshwar Paswan Resident of Village - Barharwa Kala Purvi, P.O. and P.S. - Kotwa, District - East Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 16163 of 2022 Arising Out of PS. Case No.-269 Year-2021 Thana- KOTWA District- East Champaran ====================================================== SAVITA DEVI W/o Umesh Yadav Resident of Village - Lachchmanwa, P.S. - Kotwa, Distt. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 14724 of 2022) For the Petitioner/s :
Mr. Pravin Kumar, Adv For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP (In CRIMINAL MISCELLANEOUS No. 15880 of 2022) For the Petitioner/s :
Mr. Pravin Kumar, Adv For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP (In CRIMINAL MISCELLANEOUS No. 16163 of 2022) For the Petitioner/s :
Mr. Pramod Kumar Pandey, Adv For the Opposite Party/s :
Mr. Dinesh Singh, APP
Patna High Court CR. MISC. No.14724 of 2022(2) dt.10-08-2022 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2022 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under sections 366(A) of the Indian Penal Code and 8/12 of POCSO Act.
Allegedly, the petitioners along with their associates kidnapped and concealed the minor daughter of the informant. 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 dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The name of the petitioners transpired during the course of investigation. He further submits that the victim in her statement recorded under section 164 Cr.P.C has not supported the prosecution case. Petitioners have no criminal antecedent, as
Patna High Court CR. MISC. No.14724 of 2022(2) dt.10-08-2022 3/3 also mentioned in para-3 of the bail applications. Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since the victim is a minor, I am not inclined to grant bail to the petitioners. The prayer for grant of anticipatory bail on their behalf is hereby rejected.
This application is accordingly, dismissed.
(Anjani Kumar Sharan, J) shikha/- U T