Meera Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 48298 of 2024 Arising Out of PS. Case No.-313 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== 1.
Meera Devi W/o Devnath Sahani R/o Village Ghogha Pokhar (Vaishali), P.S.-Vaishali, District-Vaishali.
2.
Devnath Sahani S/o Late Dhoda Sahani R/o Village Ghogha Pokhar (Vaishali), P.S.-Vaishali, District-Vaishali. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shobha Devi W/o- Amiran Sahni Resident of Village - Vaishali (Ghogha Pokhar), P.S.- Vaishali, Dist.- Vaishali.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Jyoti Kumari, Adv.
For the Opposite Party/s :
Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2024 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Vaishali P. S. Case No.313 of 2022 under Sections 363, 366A, 406 and 34 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against three named accused persons including the petitioners against whom there is allegation that they have kidnapped the minor daughter of the informant by committing criminal breach of trust in connivance with each other.
Patna High Court CR. MISC. No. 48298 of 2024(3) dt.21-09-2024 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that the allegation of kidnapping is against the son of petitioners. He further submits that petitioners are old aged persons i.e., mother and father, who were alleged to kidnap the daughter of the informant.
5. Learned Counsel further submits that case diary along with statement of the victim under section 164 of the Cr.P.C. has been called for. In her statement, she has categorically stated that no one had kidnapped her and she entered into marriage with the said accused Subhash Kumar, son of the petitioners and she has now kids also.
6. Learned Counsel also submits that petitioners' antecedent are clean.
7. Learned APP for the State opposes the prayer for bail.
8. In the present facts and circumstances, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of 6 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate,
Patna High Court CR. MISC. No. 48298 of 2024(3) dt.21-09-2024 3/3 Vaishali at Hajipur in connection with Vaishali P. S. Case No.313 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J.) Prakashmani/- U T