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Patna High CourtCR. MISC./32692/2021bail granted

Soni Devi v. The State Of Bihar

2022-03-31Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32692 of 2021 Arising Out of PS. Case No.-778 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== 1.

SONI DEVI W/O SRI RAJESH PASWAN, Resident of Village - Koeri Tola, P.S.- Bettiah Town, Distt.- West Champaran.

2.

Rajesh Paswan Son of Sri Bhola Paswan, Resident of Village - Koeri Tola, P.S.- Bettiah Town, Distt.- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma Mr. Abhishek Kumar Rashmi Jha Mr. Sharad Kumar Verma For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-03-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Bettiah Muffasil P.S. Case No. 778 of 2020 registered for offence punishable under section 366-A/34 of the Indian Penal Code and section 8 of the Protection of Children from Sexual Offences Act, 2012.

As per allegation, when the minor daughter of the

Patna High Court CR. MISC. No.32692 of 2021(2) dt.31-03-2022 2/3 informant did not return from her school, a hectic search was conducted on 15.12.2020. The photo of co-accused Vivek Kumar and the minor daughter of the informant was received on mobile of the informant's wife through WhatsApp. The allegation against the petitioners is that when the parents of the victim girl went to their house, they threatened them to falsely implicate in cases and also demanded Rs. 5,00,000/- cash. The learned counsel for the petitioners has submitted that there is no allegation of kidnapping against the petitioners, rather it is against co-accused Vivek Kumar. The present petitioners are parents of Vivek Kumar and it is the reason that they have falsely been implicated in this case.

Considering the above-mentioned facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cum-Special Judge under POCSO Act in connection with Bettiah Muffasil P.S. Case No.778 of 2020, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the

Patna High Court CR. MISC. No.32692 of 2021(2) dt.31-03-2022 3/3 petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T