Hoshila Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25668 of 2021 Arising Out of PS. Case No.-510 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== 1.

Hoshila Sharma Son Of Late Suraj Sharma R/O - Chanpatiya, P.S.- Chanpatiya, District- West Champaran.

2.

Kavita Devi Wife Of Hoshila Sharma R/O - Chanpatiya, P.S.- Chanpatiya, District- West Champaran.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 363, 366A and 34 of the Indian Penal Code and 8 of POCSO Act.

Patna High Court CR. MISC. No.25668 of 2021(2) dt.16-02-2022 2/3 The prosecution allegation, in short, is that the accused persons including the petitioners abducted the daughter of the informant for the purpose of marriage.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The main allegation is against co-accused Chote Lal Sharma. As far as petitioners are concerned, they are covillager and have no concern with the alleged occurrence. The petitioner no. 2 is lady. The case has been instituted after three days of the alleged occurrence. The delay in lodging the case has not been explained by the prosecution.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in

Patna High Court CR. MISC. No.25668 of 2021(2) dt.16-02-2022 3/3 covid cases.

Considering the aforesaid facts and circumstances, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Additional Sessions Judge-VI-cumSpecial Judge, POCSO, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 510 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T