Chhotelal Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33685 of 2023 Arising Out of PS. Case No.-210 Year-2022 Thana- KARPI District- Jehanabad ====================================================== 1.

CHHOTELAL MISTRY Son of Rameshwar Mistry R/o Village - Kodra, P.S.- Paliganj, Dist.- Patna.

2.

Krian Devi Wife of Chhotelal Mistry R/o Village - Kodra, P.S.- Paliganj, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2, Adv.

For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2023 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 366(A), 504, 506/34 of the Indian Penal Code and Section 8 of POCSO Act.

3. Allegedly, having conspiracy, petitioners, along with other accused persons, are said to have involved in kidnapping of the informant's daughter.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.33685 of 2023(2) dt.24-07-2023 2/2 general and omnibus in nature. There is specific allegation against co-accused Guddu Kumar to kidnap the informant's daughter. It is further submitted that petitioner have not kidnapped the informant's daughter rather she had herself gone with co-accused Guddu Kumar with her own sweet will. Their name has been transpired in the present case merely because they are parents of co-accused Guddu Kumar. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Karpi P.S. Case No. 210 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T