Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35870 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- MUSAHARI District- Muzaffarpur ====================================================== 1.

Poonam Devi Wife Of Lakhindra Das Resident Of Village - Bhatauliya, P.S. - Mushahari, District - Muzaffarpur, Bihar - 842002 2.

Lakhindra Das Son Of Late Pathlu Das Resident Of Village - Bhatauliya, P.S. - Mushahari, District - Muzaffarpur, Bihar - 842002 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Ojha, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

03-09-2024 Heard learned counsel for the petitioners and Mr. Umeshanand Pandit, learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 363, 366A & 34 of the Indian Penal Code.

3. As per the prosecution case, on the alleged date and time of occurrence, while the informant's daughter was returning from tuition, these two petitioners alongwith other coaccused persons forcibly kidnapped her on the point of pistol.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case merely because they happen to be parents of co-accused Rupesh Kumar, who was in love with daughter of informant. As a matter of fact, daughter of informant and son of petitioners (Rupesh Kumar) have fled away and have solemnized marriage. The daughter of

Patna High Court CR. MISC. No.35870 of 2024(4) dt.03-09-2024 2/2 informant posted a video on her face-book account stating therein that she left the house voluntarily and got married. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State submits that though, petitioners are named in the F.I.R., but during course of investigation, it has come that the daughter of informant has solemnized marriage her friend and in this regard, she has also posted a video on face-book.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Mushahari P.S. Case No. 12 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T