Krishnawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18564 of 2022 Arising Out of PS. Case No.-49 Year-2021 Thana- MAHILA P.S District- West Champaran ====================================================== 1.

KRISHNAWATI DEVI Wife of Jitendra Sah Resident of village - Basgavan, P.S.- Bagaha (Pathkauli), District - West Champaran. 2.

Jitendra Sah Son of Sheshnath Sah Resident of village - Basgavan, P.S.- Bagaha (Pathkauli), District - West Champaran. 3.

Alagu Sah Son of Late Raghubar Sah Resident of village - Basgavan, P.S.- Bagaha (Pathkauli), District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366A and 120(B) of the Indian Penal Code and Section 8 of the POCSO Act.

Allegedly, it is a case of abduction of the daughter of the informant.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that the final form has been submitted after completing the investigation and the petitioners were not sent up for trial but cognizance has been taken against them. He further

Patna High Court CR. MISC. No.18564 of 2022(2) dt.27-09-2022 2/2 submits that the victim was recovered and she has not whispered about the complicity of these petitioners and her statement was recorded as Annexure-3 to this petition. He further submits that the main allegation is against co-accused Sandeep Kumar who solemnized the marriage with her. Petitioners have clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 7th ADJ-cumSpecial Judge (POCSO), West Champaran at Bettiah in connection with Bagaha Mahila P.S. Case No. 49 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T