Raj Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56833 of 2024 Arising Out of PS. Case No.-360 Year-2022 Thana- EKMA District- Saran ====================================================== 1.

RAJ KUMARI DEVI W/O PARMATMA SAH R/O VILLAGEGAJIYAPUR, P.S- EKMA, DISTT.- SARAN AT CHAPRA. 2.

PARMATMA SAH S/O LATE GANGA SAH R/O VILLAGEGAJIYAPUR, P.S- EKMA, DISTT.- SARAN AT CHAPRA. 3.

DILIP SAH S/O PARMATMA SAH R/O VILLAGE- GAJIYAPUR, P.SEKMA, DISTT.- SARAN AT CHAPRA. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Nawnit Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2024 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Ekma P.S. Case No.360 of 2022 for the offences punishable under Sections 366A/34 of the Indian Penal Code.

3. The petitioners in association of other co-accused are said to have kidnapped the minor daughter of the informant.

4. The petitioners are quite innocent and have been falsely implicated in this case due to dirty village politics. The allegations levelled against the petitioners is general and omnibus in nature. It is further submitted that the victim girl

Patna High Court CR. MISC. No.56833 of 2024(2) dt.02-12-2024 2/2 eloped with one co-accused Amit Kumar as there was love affair between them. It is further submitted that they performed the marriage and living together. It is further submitted that there is delay in lodging the F.I.R. without assigning any cogent reason for the said delay. The petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

6. Considering the facts and circumstances of case, and the seriousness of the allegation as also the fact that the victim girl is still traceless, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected.

7. However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T