Neelam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33660 of 2022 Arising Out of PS. Case No.-72 Year-2022 Thana- CHANAN District- Lakhisarai ====================================================== 1.

NEELAM DEVI wife of Damru Yadav Resident of Village - Rampur, Mananpur, Police Station- Chanan, District - Lakhisarai. 2.

KANCHAN DEVI Wife of Tuntun Yadav Resident of Village - Rampur, Mananpur, Police Station- Chanan, District - Lakhisarai. 3.

PRAMILA DEVI Wife of Munna Yadav Resident of Village - Rampur, Mananpur, Police Station- Chanan, District - Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 36879 of 2022 Arising Out of PS. Case No.-72 Year-2022 Thana- CHANAN District- Lakhisarai ====================================================== 1.

TUNTUN YADAV Son of Late Videshi Yadav Residen of village - Rampur, Manarpur, P.S.- Chanan, District - Lakhisarai. 2.

Munna Yadav Son of Late Videshi Yadav Residen of Village - Rampur, Manarpur, P.S.- Chanan, District - Lakhisarai. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 33660 of 2022) For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mrs.Sangeeta Sharma, APP (In CRIMINAL MISCELLANEOUS No. 36879 of 2022) For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mrs.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is directed to remove

Patna High Court CR. MISC. No.33660 of 2022(3) dt.10-11-2022 2/3 the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 366, 34 of the IPC. Allegedly, all the FIR named accused persons including the petitioners are said to have kidnapped the wife of informant. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The specific allegation is against the co-accused Ashish Kumar @ Pravesh Kumar. After recovery, statement of the victim was recorded u/s 164 Cr.P.C., in which, she has not taken the name of these petitioners and alleged about Ashish Kumar. It is submitted that petitioner Tuntun Yadav is working in the Army. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitoners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a

Patna High Court CR. MISC. No.33660 of 2022(3) dt.10-11-2022 3/3 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 court below where the case is pending/Successor Court in connection with Chanan P.S. Case No.72 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T