Reena Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50486 of 2021 Arising Out of PS. Case No.-23 Year-2019 Thana- BHIMPUR District- Supaul ====================================================== 1.
REENA DEVI Wife of Bishundev Mukhiya Resident of Village - Jivachhpur, Ward No. 8, P.S.- Bhimpur, District - Supaul. 2.
Chandar Kumari @ Chandrakala Kumari Daughter of Bishundev Mukhiya Resident of Village - Jivachhpur, Ward No. 8, P.S.- Bhimpur, District - Supaul.
3.
Salit Devi @ Sarita Devi Wife of Kisundev Mukhiya Resident of Village - Jivachhpur, Ward No. 8, P.S.- Bhimpur, District - Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Goutam, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-03-2022 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The petitioners are apprehending their arrest in Bhimpur P.S. Case No. 23 of 2019 registered under Section 366(A)/34 of the Indian Penal Code.
Allegation against the petitioners is of assisting the co-accused in abducting the informant's daughter.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The
Patna High Court CR. MISC. No.50486 of 2021(2) dt.31-03-2022 2/2 petitioners have been falsely implicated in the present case. The alleged occurrence is said to have taken place on 22-03-2019 and the case was instituted on 01-04-2019. The delay has not been explained by the prosecution. The victim has been recovered. Her statement under Section-164 of the Cr.P.C. has been recorded in which she has made specific allegation against co-accused namely Babloo Mukhiya who is alleged to have committed rape upon her. So far petitioners are concerned, they are ladies. They have been made accused in the present case for oblique reasons. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Judicial Magistrate-Ist Class, Supaul in connection with Bhimpur P.S. Case No. 23 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V.//- U T