Prabhawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38717 of 2022 Arising Out of PS. Case No.-41 Year-2021 Thana- SIMRA District- West Champaran ====================================================== 1.

PRABHAWATI DEVI Wife of Shrikishun Chaudhary @ Shrikishun Patel Resident of village- Paroraha, P.S.- Semra, District- West Champaran. 2.

Shrikishun Chaudhary @ Shrikishun Patel Son of late Lalbihari Chaudhary @ Lalbihari patel Resident of village- Paroraha, P.S.- Semra, District- West Champaran.

3.

Ranjit Patel @ Ranjit Chaudhary Son of Shrikishun Chaudhary @ Shrikishun Patel Resident of village- Paroraha, P.S.- Semra, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2022 Heard both sides.

The petitioners apprehend their arrest in connection with Semra P.S. Case No.41 of 2021, registered for the offences punishable under Sections 363, 366A, 504, 506 and 34 of the Indian Penal Code as well as under Section 8 of the POCSO Act. The petitioners are said to have kidnapped the victim girl for the purpose of marriage.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that petitioners no.1, 2 and 3 are mother, father and brother

Patna High Court CR. MISC. No.38717 of 2022(3) dt.28-11-2022 2/2 respectively of co-accused, Dipu Patel. It is submitted that no specific overt act is alleged against the petitioners. The statement of the victim was recorded under Section 164 Cr.P.C. in which she has stated that she has solemnized marriage with Dipu Patel and is living with him.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the fact that no specific overt act is alleged 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 VIIth Additional Sessions Judge-cumSpecial Judge, POCSO, West Champaran, Bettiah in connection with Semra P.S. Case No.41 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