Vijay Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48374 of 2022 Arising Out of PS. Case No.-210 Year-2021 Thana- SATHI District- West Champaran ====================================================== 1.

VIJAY SHUKLA S/O LATE RAMAYAN SHUKLA Resident of villageMushaharwa, P.S.- Sathi, District- West Champaran. 3.

GUDDU SHUKLA S/O LATE RAMAYAN SHUKLA Resident of villageMushaharwa, P.S.- Sathi, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 365/34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent.

The informant alleges that his two minor daughters were kidnapped by the accused persons including the petitioners. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case and one of the daughters of the informant was in love with Bulbul Shukla and had

Patna High Court CR. MISC. No.48374 of 2022(2) dt.20-09-2022 2/2 gone with him on her own volition. He further submits that the victims have come back and their statements were recorded under Section 164 Cr.P.C. (Annexure-2 and 2/1) to the anticipatory bail application in which the victims have not taken the name of the petitioners. He thus submits that since the victims have not taken the name of the petitioners which amply demonstrates about the false implication of the petitioners.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sathi P.S. Case No. 210 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T