Chandra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48921 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- FULKAHA District- Araria ====================================================== Chandra Devi W/O Hari Lal Paswan R/O Village- Madhura Uttar, Ps. Fulkaha, Dist. Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363 and 365/34 of the Indian Penal Code pending in the learned court below.

3. Allegation against the petitioner is that he along with other co-accused persons is said have kidnapped the daughter in law of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is no eye witness in the present case. He submits that the statement of the victim was recorded under Sections 161 & 164 Cr.P.C. and both the statements were contradictory to each other. He submits that similarly situated other co-accused person has already been granted bail by a bench

Patna High Court CR. MISC. No.48921 of 2023(3) dt.12-09-2023 2/2 of this Court vide order dated 23.08.2023 passed in Cr. Misc. No. 48281/2023. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Fulkaha P.S. Case No.27/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. However, the learned Court below is directed to verify the criminal antecedent of the petitioner. If, it is found that the petitioner have got criminal antecedent, then the bail bond of the petitioner shall not be accepted by the learned Court below. (Anjani Kumar Sharan, J) ajay/- U T