Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42723 of 2022 Arising Out of PS. Case No.-152 Year-2021 Thana- HARLAKHI District- Madhubani ====================================================== 1.

KIRAN DEVI Daughter of Jaivind Jha 2.

Rakesh Jha @ Rakesh Kumar Jha Son of Jaivind Jha 3.

Saroj Jha @ Saroj Kumar Jha Son of Jaivind Jha 4.

Jaivind Jha Son of Late Maneshwar Jha All are Resident of village - Hatbariya (Mohanpur), P.S. - Harlakhi, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354(B), 379, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 1 is a woman.

The informant alleges that Rupesh Kumar Jha used to

Patna High Court CR. MISC. No.42723 of 2022(2) dt.13-12-2022 2/3 misbehave with his daughter and on the date of occurrence the accused persons came and forcefully tried to kidnap his daughter, on protest his wife was assaulted and disrobed and accused took Rs.2,500/- and chain of the informant. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that Rupesh Kumar Jha and the daughter of the informant were known to each other which was being objected by the informant and thus a false case came to be instituted in which the sister, brothers and father respectively of Rupesh Kumar Jha have been implicated. It is next submitted that it absolutely does not stand to reason that why the family members of Rupesh Kumar Jha would have gone to the house of the informant for attempting to kidnap his daughter. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each

Patna High Court CR. MISC. No.42723 of 2022(2) dt.13-12-2022 3/3 to the satisfaction of the learned court below where the case is pending/successor court in connection with Harlakhi P.S. Case No. 152 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T