Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40335 of 2022 Arising Out of PS. Case No.-91 Year-2021 Thana- BATHNAHA District- Sitamarhi ====================================================== 1.

Indu Devi Wife Of Lalbabu Rai Daughter Of Panilal Ray, Resident Of Village - Khairvi, Post Office - Dostpur, P.S.- Bathnaha, District - Sitamarhi (Bihar).

2.

Pappu Kumar Son Of Lalbabu Rai Resident Of Village - Khairvi, Post Office - Dostpur, P.S.- Bathnaha, District - Sitamarhi (Bihar). 3.

Radhika Devi Wife Of Santosh Rai Resident Of Village - Pakari, Post Office - Chhatauna Pakari, P.S.- Riga, District - Sitamarhi (Bihar). 4.

Rahul Kumar Son Of Lalbabu Rai Resident Of Village - Khairvi, Post Office - Dostpur, P.S.- Bathnaha, District - Sitamarhi (Bihar). 5.

Geeta Devi Wife Of Pappu Kumar Resident Of Village - Khairvi, Post Office - Dostpur, P.S.- Bathnaha, District - Sitamarhi (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhusudan Rai, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 366A/34 of the Indian Penal Code and Sections 4/6 of the POCSO, Act. Allegedly, it is a case of abduction of the minor daughter of the informant.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He

Patna High Court CR. MISC. No.40335 of 2022(2) dt.06-12-2022 2/2 further submits that there is specific allegation of abduction against co-accused Saroj Kumar who solemnized marriage with the victim girl in the Arya Samaj Mandir on 14.06.2021 in Patna and in this juncture, a document has been filed vide Annexure-3 to this petition and no specific allegation against the petitioners. Petitioners have clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VI-cum-Special Judge (POCSO), Sitamarhi in connection with Bathanaha P.S. Case No. 91 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T