Dukhani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43183 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.
DUKHANI DEVI W/o Naresh Yadav Resident of village-Manjhaul, P.S.- Cheriyabariyarpur, District-Begusarai 2.
MEENA DEVI W/o Ramashish Yadav Resident of village-Manjhaul, P.S.- Cheriyabariyarpur, District-Begusarai ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudish Kumar, Advocate For the Opposite Party/s :
Ms. Asha Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2023
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 and 366(A)/34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are women.
4. The informant alleges that his minor daughter went out of the house saying that Dukhani Devi had called her and when she did not return a search was made when Jagdish Yadav informed him that he saw his daughter going with Kundan Kumar and Mukesh Yadav, thus alleges that the accused persons kidnapped his minor daughter.
5. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.43183 of 2023(2) dt.18-08-2023 2/2 petitioners have been falsely implicated in the present case. It is further submitted that from perusal of the allegation as alleged in the FIR, it appears that Jagdish Yadav saw the victim going away with Kundan Kumar and Mukesh Yadav. It is further submitted that petitioner no. 1 is mother of Mukesh Yadav and petitioner no. 2 is mother of Kundan Kumar as such they have been falsely implicated in the present case. It is next submitted that even the victim girl has been recovered.
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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Cheriyabariyarpur P.S. Case No. 53 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T