Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42362 of 2023 Arising Out of PS. Case No.-805 Year-2020 Thana- FATUA District- Patna ====================================================== 1.

MAMTA DEVI W/O ACCHAY LAL PASWAN R/O Village- Gauri Pundah, P.S- Fatuha, Distt.- Patna.

2.

Acchay @ Acchay Lal Paswan S/O Chandrika Paswan R/O Village- Gauri Pundah, P.S- Fatuha, Distt.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA HIGH COURT ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 365, 366(A), 34 of the Indian Penal Code.

3. The informant alleges that accused persons including the petitioners kidnapped his daughter.

4. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner No. 1 is a women.

5. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is

Patna High Court CR. MISC. No.42362 of 2023(2) dt.08-08-2023 2/2 next submitted that from perusal of the impugned order, it would manifest that the statement of the victim was recorded under Section 164 CrPC wherein she has stated that Kundan kidnapped her and no specific allegation is alleged against the petitioners.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Fatuha P.S. Case No. 805 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T