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Patna High CourtCR. MISC./20452/2022allowed

Mamta Kumari v. The State Of Bihar

2022-08-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20452 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.

MAMTA KUMARI Daughter of Jairam Seth Resident of Village - Morauna, P.S.- Bikramganj, District - Rohtas.

2.

Munna Kumar @ Munna Prasad Son of Jairam Seth Resident of Village - Morauna, P.S.- Bikramganj, District - Rohtas. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mr. Yogendra Kumar Singh For the Informant : Mr. Chhote Lal Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 376, 504, 506 & 326/34 of the Indian Penal Code and under Section 4/6 of the POCSO Act.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.20452 of 2022(2) dt.23-08-2022 2/2 petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case because they are sister and brother of co-accused, Sonu Kumar. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The specific allegation is against co-accused, Sonu Kumar. As a matter of fact, in her statement made under Section 164 Cr.P.C. the victim has taken the name of co-accused, Sonu Kumar. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) 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 Bikramganj P.S. Case No.26 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J.)