Patna High CourtCR. MISC./32019/2024bail granted

Anjula Devi v. The State Of Bihar

2024-08-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32019 of 2024 Arising Out of PS. Case No.-814 Year-2023 Thana- BANKA District- Banka ====================================================== 1.

Anjula Devi wife of Hiralal Yadav Village- Sikarpur Ps- Rajoun Dist- banka 2.

Nikki Kumar @ Nikka Yadav son of Hiralal Yadav Village- Sikarpur PsRajoun Dist- banka ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sudhir Yadav aged about 47 years S/o Girish Yadav, resident at VillageKarahariya Ward No. 10, Nagar Parishad Bank, PS + District- Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the State :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Banka P.S. Case No. 814 of 2023 instituted under Sections 366(A)/34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. In the statement under Section 161 of the Cr.P.C., the victim girl has said that she had eloped with Rahul Choudhary. The petitioners are the friend and mother of the friend. In her statement under Section 164 of the Cr. P.C., the victim has improved her statement and has said that the petitioners had assisted the main accused in kidnapping the

Patna High Court CR. MISC. No.32019 of 2024(3) dt.23-08-2024 2/2 victim and the mother of petitioner no. 2 had not allowed the family members of the victim to enter the house.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the statement of the victim girl under Section 161 Cr.P.C., this application is allowed.

6. Accordingly, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners, above named, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-6-cum-Special Judge POCSO, Banka in connection with Banka P.S. Case No. 814 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sandeep Kumar, J) P. Kumar U T