Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18816 of 2023 Arising Out of PS. Case No.-571 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Nirmala Devi W/O Kanhaiya Prasad Soni Resident Of Village- Marwadi Mohalla, Ward No.- 15, Narkatiyanganj, P.S.- Shikarpur District- West Champaran, Pin 845455 (Bihar).

2.

Kanhaiya Prasad Soni S/O Late Dhuroop Prasad Resident Of VillageMarwadi Mohalla, Ward No.- 15, Narkatiyanganj, P.S.- Shikarpur DistrictWest Champaran, Pin 845455 (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Apurva Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 366A of the Indian Penal Code and Section 8/12 of the POCSO Act. Petitioners are said to have abducted the daughter of the informant for the purpose of marriage.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that there

Patna High Court CR. MISC. No.18816 of 2023(2) dt.23-06-2023 2/2 is specific allegation leveled against the son of the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that the victim girl is minor and the petitioners are also involved in the present case.

Considering the age of the victim, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Shikarpur P.S. Case No. 571 of 2020.

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