Patna High CourtCR. MISC./46733/2023allowed

Anita Kumari v. The State Of Bihar

2023-10-30Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46733 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Anita Kumari Wife Of Pankaj Anand R/O-Chetan Prasad, P.S.-Parsa, Distt.- Patna ... ... Petitioner/s

Versus

The state of bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 49356 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Aditya Raj Son Of Raj Kumar Prasad R/O-Mahadev Bigha, P.S.-Noorsarai, Distt.-Nalanda ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 46733 of 2023) For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Jharkhandi Upadhyay (In CRIMINAL MISCELLANEOUS No. 49356 of 2023) For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Ram Krishna Nagar P.S. Case No. 114 of 2023 registered for the offence under Sections 363, 365, 379/34 of the Indian Penal Code.

3. As per prosecution case, the petitioners are alleged to have kidnapped the minor child of the informant and took

Patna High Court CR. MISC. No.46733 of 2023(5) dt.30-10-2023 2/3 away Rs. 20,000/- but they were apprehended after chase.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to enmity and grudge. It is further submitted vide para 7, 8 & 9 of the petition that the petitioner no.1 got admission of her daughter in school of the informant situated at Satbhavana Nagar, Patna after depositing hostel fee and admission charge but due to administrative problem, the petitioners went hostel to take away her child and demanded her advanced paid money of Rs. 20,000/- from the informant. Due to this reason, some altercation took place between them and the petitioners took away the child of the informant but in the meantime, the informant as well as his brother attacked upon the petitioners and his brother for which, he has lodged Ram Krishna Nagar P.S. Case No.

115 of 2023. The petitioners have not intention to kidnap the child of the informant. The petitioners have got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioners are languishing in judicial custody since 21.2.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

Patna High Court CR. MISC. No.46733 of 2023(5) dt.30-10-2023 3/3

6. Considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Ram Krishna Nagar P.S. Case No. 114 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna.

(Sunil Kumar Panwar, J) Amandeep/- U T