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Patna High CourtCR. MISC./44401/2022allowed

Jogen Biswas v. The State Of Bihar

2022-11-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44401 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- AAJAM NAGAR District- Katihar ====================================================== 1.

JOGEN BISWAS Son of Late Chinta Biswas Resident of Village - Malikpur, P.s.- Azamnagar, Distt.- Katihar.

2.

Sarochna Kumari @ Sulochna Kumari D/o Jogen Biswas Resident of Village - Malikpur, P.s.- Azamnagar, Distt.- Katihar. 3.

Prem Biswas Son of Kalpana Biswas Resident of Village - Baghora, P.s.- Azamnagar, Distt.- Katihar.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate Mr. Sanjeev Kumar Singh, Advocate Mr. Indrajeet Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defect(s), as pointed out by the office, within four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 363, 366, 504 & 506/34 of the Indian Penal Code.

The petitioners in association of other co-accused is said to have abducted the daughter of the informant. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.44401 of 2022(2) dt.29-11-2022 2/2 petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The specific allegation is attributed against co-accused, Dipur Biswas with whom the victim has eloped and living with him in Punjab. It is further stated that the victim is aged about 26 years and is major. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Azamnagar P.S. Case No.32 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T