Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48154 of 2022 Arising Out of PS. Case No.-534 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

SARITA DEVI W/o Sukul Paswan Resident of Village - Songawa, P.s.- Darigaon, Distt.- Rohtas.

2.

Sukul Paswan Son of Lalmi Paswan Resident of Village - Songawa, P.s.- Darigaon, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Siddharth Harsh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sasaram (T) P.S. Case no. 534 of 2019 instituted for the offence under Sections 366A, 376, 323, 504, 34 of the Indian Penal Code.

The prosecution story is that the petitioners along with their son abducted the daughter of the informant with intention of marriage.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed

Patna High Court CR. MISC. No.48154 of 2022(2) dt.15-12-2022 2/3 no offence. A statement has been made in para 3 of the petition that they have got no criminal antecedent. These petitioners are mother and father of the main accused Hari Paswan, due to which they have falsely been made accused in this case. It is further submitted that the victim girl was major on the date of occurrence and solemnized marriage to the son of the petitioners namely, Hari Paswan with her own will and she is leading the happy wedded life with the petitioner's son and out of the said wedlock there is a child. It is further submitted that petitioners have no role in abduction of the victim girl. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sasaram (T) P.S. Case no. 534 of 2019, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. Sasaram, District - Rohtaas subject to the conditions as laid down under

Patna High Court CR. MISC. No.48154 of 2022(2) dt.15-12-2022 3/3 section 438(2) of the Cr.P.C.

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