Amod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21195 of 2024 Arising Out of PS. Case No.-85 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== 1.
AMOD KUMAR SONOF TENI SAHNI RESIDENT OF VILLAGE - PURNIYA, POLICE STATION - LALGANJ, DISTRICT - VAISHALI AT HAJIPUR 2.
AMIERYA DEVI @ AMIYA DEVI WIFE OF TENI SAHNI RESIDENT OF VILLAGE - PURNIYA, POLICE STATION - LALGANJ, DISTRICT - VAISHALI AT HAJIPUR 3.
MUNIKA DEVI @ MUNAKIYA DEVI WIFE OF MOHAN SAHNI RESIDENT OF VILLAGE - PURNIYA, POLICE STATION - LALGANJ, DISTRICT - VAISHALI AT HAJIPUR 4.
SUMINTRA DEVI @ SANUNDREE DEVI DAUGHTER OF TENI SAHNI RESIDENT OF VILLAGE - PURNIYA, POLICE STATION - LALGANJ, DISTRICT - VAISHALI AT HAJIPUR 5.
KABUTRI DEVI DAUGHTER OF TENI SAHAN RESIDENT OF VILLAGE - PURNIYA, POLICE STATION - LALGANJ, DISTRICT - VAISHALI AT HAJIPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachin Kumar, Adv.
For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 365/34 of the Indian Penal Code and Section 8/17 of the POCSO Act.
3. Allegedly, all the FIR named accused persons including
Patna High Court CR. MISC. No.21195 of 2024(5) dt.18-09-2024 2/3 the petitioners are said to have abducted the minor daughter of the informant.
4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. The real fact is that there was love affair between the victim and petitioner no.1. The victim girl went to Delhi with petitioner no.1 on her sweet will and solemnized marriage with him in a temple and thereafter, they began their conjugal life with each other. This fact is also mentioned in para 8 of the bail application. It is further submitted that as per the medical report of the victim, her age was found to be above 18 years and hence, she is major. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as considering the age of victim as mentioned in her medical report, the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court
Patna High Court CR. MISC. No.21195 of 2024(5) dt.18-09-2024 3/3 below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Lalganj P.S. Case No. 85 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T