Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44674 of 2021 Arising Out of PS. Case No.-244 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Shobha Devi W/O Ramchandra Yadav R/O Village-Morma, P.S-Amhara, District-Lakhisarai.

2.

Priyanka Devi @ Priyanka Kumari W/O Praduman Yadav R/O VillageMorma, P.S-Amhara, District-Lakhisarai. 3.

Arti Devi @ Arti Yadav D/O Ramchandra Yadav, W/O Bachchan Yadav R/O Village-Morma, P.S-Amhara, District-Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP.

For the Informant :

Mr. Manoj Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-02-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with Lakhisarai (Amhara) P. S. Case No. 244 of 2021 registered for the offences punishable under Sections 363, 365 read with Section 34 of the Indian Penal Code. As per the prosecution case, the petitioners along with

Patna High Court CR. MISC. No.44674 of 2021(4) dt.14-02-2023 2/3 co-accused persons holding with pistol and sharp cutting weapons are alleged to have forcibly entered the house of the informant and they kidnapped the minor daughter of the informant.

Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. No such occurrence as alleged has ever taken place. There is general and omnibus allegation against the petitioners. Learned counsel for the petitioners has further submitted that age of the victim has been assessed in between 19-20 years by the Medical Board. The victim in her statement recorded under Section 164 Cr.P.C. has not stated the name of the petitioners in the crime alleged. The petitioners are ladies. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail petition of the petitioners. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Lakhisarai in

Patna High Court CR. MISC. No.44674 of 2021(4) dt.14-02-2023 3/3 connection with Lakhisarai (Amhara) P. S. Case No. 244 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T