Punam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26611 of 2020 Arising Out of PS. Case No.-28 Year-2020 Thana- MANER District- Patna ====================================================== 1.

PUNAM DEVI Wife of Rajesh Kumar Singh R/o- New Shiv Mandir Sarai, P.S.- Maner, District - Patna 2.

Rajesh Kumar Singh Son of Chandradev Singh R/o- New Shiv Mandir Sarai, P.S.- Maner, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 366(A), 504, 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.26611 of 2020(2) dt.05-11-2020 2/3 Prosecution case, in short, is that the accused persons abducted the daughter of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The victim has been recovered. Her statement under Section 164 of Cr.P.C. has been recorded. There is no allegation of sexual or physical assault alleged against the petitioners. The date of occurrence is said to be 10.01.2020 and the F.I.R. has been instituted on 18.01.2020. Delay has not been explained by the prosecution. It is further pointed out that the victim was recovered on 11.01.2020 but the F.I.R. was instituted on 18.01.2020.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sushri Nutan

Patna High Court CR. MISC. No.26611 of 2020(2) dt.05-11-2020 3/3 Kumari, J.M. 1st class, Danapur, Patna in connection with Maner P.S. case No.28 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T