Amoliya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47556 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- KHANPURA District- Samastipur ======================================================
1. AMOLIYA DEVI W/O LATE DHARMENDRA PASWAN R/O VILLAGE- MANWARA, WARD NO. 8, P.S- KHANPUR, DISTT.- SAMASTIPUR.
2. RAMAN KUMAR SON OF LATE DHARMENDRA PASWAN R/O VILLAGE- MANWARA, WARD NO. 8, P.S- KHANPUR, DISTT.- SAMASTIPUR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Barj Kishore Sharma, Advocate For the Opposite Party/s :
Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-08-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Khanpur P.S. Case No. 06 of 2024 for the offence registered under Sections 363/366(A) and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submit that the petitioners are person with clean antecedent and petitioner no. 1 is a women and the informant alleges that petitioner no. 1 had taken her daughter from the house and sent her away with his
Patna High Court CR. MISC. No.47556 of 2024(2) dt.27-08-2024 2/3 son (petitioner no. 2) and when the informant started searching and reached the house of the petitioners, the family members of the petitioners abused the informant. It is further submitted that the petitioners have falsely been implicated in the instant case by the informant. It is next submitted that the date of occurrence is 25.12.2023 and the FIR came to be instituted on 06.01.2024 i.e. after delay of about 12 days. It is also submitted that the victim has come back and her statement is recorded under Section 164 of the Cr.P.C. wherein she has denied the allegation of kidnapping rather has stated that her mother scolded on account of which she left the house and went to his maternal uncle's house.
4. Learned APP appearing on behalf of the State opposes the prayer for anticipatory bail.
5. Considering the submissions made by the learned counsel appearing on behalf of the petitioners, let the petitioners, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Samastipur in connection with Khanpur P.S. Case No. 06
Patna High Court CR. MISC. No.47556 of 2024(2) dt.27-08-2024 3/3 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Satyavrat Verma, J) Jagdish/- U T