Gita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36823 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== 1.
GITA DEVI W/O SHASHIBHUSHAN RAI R/O Vill. Indra Nagar Rupauli, PS. Parbatta, Dist. Khagaria 2.
SHASHIBHUSHAN RAI S/O LATE SIYA RAM RAI R/O Vill. Indra Nagar Rupauli, PS. Parbatta, Dist. Khagaria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar For the Opposite Party/s :
Mrs. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code pending in the learned court below.
3. As per the prosecution case, Subham Kumar and his associates abducted the sister of the informant. When family members of the informant went to the house of the petitioners, they started abusing and were ready to assault. Informant suspected that accused persons can kill or sell her sister. They also threatened to kill her family members.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that the petitioners are parents of the accused
Patna High Court CR. MISC. No.36823 of 2023(2) dt.07-08-2023 2/2 Shubham Kumar @ Shivam Kumar. He submits that the statement of the victim was recorded under Section 164 Cr.P.C. in which she has not supported the prosecution case. He further submits that there is no specific overt act against the petitioners. He submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Parbatta P.S. Case No.30/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T