Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36562 of 2022 Arising Out of PS. Case No.-112 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== 1.

RITA DEVI WIFE OF GAUNAUR MALIK Resident of village Manik Chauk, P.s.- Runnisaidpur, District- Sitamarhi. 2.

GAUNAUR MALIK SON OF JIYA MALIK Resident of village Manik Chauk, P.s.- Runnisaidpur, District- Sitamarhi. 3.

RUBI MALIK @ CHANDRAKALA DEVI WIFE OF PRAMOD MALIK Resident of village- Riga, (Imli Bazar) P.S.- Riga, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-09-2022 Heard both sides.

The petitioners apprehend their arrest in connection with Sursand P.S. Case No.112 of 2021, registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.

The petitioners are said to have kidnapped the daughter of the informant.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail

Patna High Court CR. MISC. No.36562 of 2022(2) dt.29-09-2022 2/2 application. It is further submitted that the police after investigation submitted final form finding the case false against the petitioners, but the learned court below after differing with the final form took cognizance against the petitioners. Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the fact that police submitted final form finding the case false against the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VIcum-Special Judge, POCSO, Sitamarhi in connection with Sursand P.S. Case No.112 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) Sanjay/- U T