Anil Sah @ Anil Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35535 of 2022 Arising Out of PS. Case No.-32 Year-2019 Thana- MORO District- Darbhanga ====================================================== Anil Sah @ Anil Kumar Sah Son Of Nandu Sah R/O Village- Salha, P.S.- Chakmehasi, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Girish Chandra Jha, Advocate For the Opposite Party/s :
Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-09-2022 Heard the parties.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends her arrest in a case registered for the offence punishable under sections 363, 366A of the Indian Penal Code.
Allegedly, the informant alleged that earlier Anil Sah and she kidnapped the victim Arati Kumari for which Moro P.S. Case No. 22 of 2019 during course of investigate victim recovered and produced before the court and court handed over the victim to the informant. The informant further alleged that on 12.12.2019 when the victim was going to school the
Patna High Court CR. MISC. No.35535 of 2022(2) dt.27-09-2022 2/3 petitioner and others again kidnapped her.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. Learned counsel for the petitioner further submits that the some offence to FIR was lodged by the informant is Moro P.S. Case No. 22 of 2019 and other is present case the Moro P.S. Case No. 32 of 2019. Learned counsel for the petitioner further submits that the statement of the victim under Section 164 Cr.P.C. and she has already married with the petitioner. Learned counsel for the petitioner further submits that the learned magistrate has assessed the age of victim girl as 18 years. Petitioner has got one criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case and materials available on record, let the above named petitioner be released on bail, in the event of her 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is
Patna High Court CR. MISC. No.35535 of 2022(2) dt.27-09-2022 3/3 pending/Successor Court in Moro P.S. Case No. 32 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ravishankarkr/- U T