Dhanwanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23616 of 2023 Arising Out of PS. Case No.-241 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== 1.

DHANWANTI DEVI Wife of Roop Narain Paswan Resident of Village - Mangalapur, P.S.- Kalyanpur, District - East Champaran. 2.

Bhola Paswan @ Arjun Paswan Son of Ramagya Paswan Resident of Village - Mangalapur, P.S.- Kalyanpur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar No.1, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-07-2023

1. 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 323, 376, 354(A), 504/34 of the Indian Penal Code and under Sections 4 and 6 of the POCSO Act.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner No. 1 is a women and the informant alleges that Ranjan on false promise of marriage established physical relation with her leading to pregnancy which she is carrying.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next

Patna High Court CR. MISC. No.23616 of 2023(2) dt.14-07-2023 2/2 submitted that from tenor of allegation as alleged in the FIR, it would manifest that the informant and Ranjan were in love and the relationship was consensual but it appears that after the informant conceived Ranjan broke his promise to marry her, as such, the present FIR came to be instituted with exaggerated allegation and the petitioners being aunt and elder brother of Ranjan came to be implicated.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kalyanpur P.S. Case No. 241 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Adnan/- U T