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Patna High CourtCR. MISC./15985/2023allowed

Arahuliya Devi v. The State Of Bihar

2023-06-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15985 of 2023 Arising Out of PS. Case No.-176 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== Arahuliya Devi Wife Of Suraj Sahu R/V- Kaithahi Jaghela Tola, P.SRajnagar, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Prabhat For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366A and 34 of the Indian Penal Code.

As per the prosecution case, the petitioner along with other co-accused persons are said to have abducted the minor daughter of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There is specific allegation against co-accused Shivam Sah. Similarly situated

Patna High Court CR. MISC. No.15985 of 2023(3) dt.22-06-2023 2/2 co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 18.05.2023 passed in Cr. Misc. No. 14195 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his 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) 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 Rajnagar P.S. Case No. 176 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T