Rupam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20774 of 2022 Arising Out of PS. Case No.-184 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== 1.

Rupam Kumari D/o Schendra Yadav Resident of Village- Sahugarh, Ward No.07, Bhatua Tola, P.S. and District- Madhepura. 2.

Usha Devi W/o Sachendra Yadav Resident of Village- Sahugarh, Ward No.07, Bhatua Tola, P.S. and District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Madhepura P.S. Case no. 184 of 2019 instituted for the offence under Sections 366A, 370A, 120B, and 34 of the Indian Penal Code, section 4 of POCSO Act and sections 5A(c), 5A(d), 6(2-A) of Immoral Traffic Act.

Prosecution case relates to abduction of minor daughter of the informant by the accused persons including the petitioners for wrongful purpose.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. On mere suspicion petitioner were made accused in the

Patna High Court CR. MISC. No.20774 of 2022(2) dt.21-09-2022 2/2 present case. Specific allegation is against the son of Sachendra Yadav. During investigation petitioners were not sent up for trial but cognizance has been taken against the petitioners. In her statement recorded u/s 164 Cr.P.C. victim has not taken the name of the petitioners. Petitioners have no criminal antecedent. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Madhepura P.S. Case no. 184 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-4th-Cum-Special Judge, POCSO, Madhepura subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/aman U