Shiv Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60078 of 2021 Arising Out of PS. Case No.-67 Year-2021 Thana- BELA District- Sitamarhi ====================================================== 1.

SHIV KUMARI DEVI W/o Ramjinish Singh Resident of Village- Baya, P.O.- Phulhatta, P.S. Bela, District- Sitamarhi. 2.

Raghuwendra Singh @ Raghuwendra Kumar Son of Raj Kishore Singh Resident of Village- Saurbhar, P.S.- Bela, District- Sitamarhi. 3.

Chhotu Singh @ Chhote Kumar Singh Son of Raj Kishore Singh Resident of Village- Saubhar, P.S.- Bela, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363, 366A, 504 and 506/34 of the Indian Penal Code and Section 8 of the POCSO Act.

It is a case of abduction of the minor daughter of the informant by the co-accused Alok Kumar.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that the main allegation of abduction is against co-accused Alok Kumar and not this petitioner in the present case and after completing the investigation, the petitioners were not sent up for trial but learned Magistrate have taken

Patna High Court CR. MISC. No.60078 of 2021(2) dt.11-07-2022 2/2 cognizance against the petitioners. He further submits that the victim was recorded in her statement under Section 164 of the Cr.P.C. in which she has stated that she went with co-accused Alok Kumar on her own sweet will and there is no specific allegation against these petitioners. Petitioners have got clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-6th-cum-Special Judge (POCSO Act), Sitamarhi in connection with Bela P.S. Case No. 67 of 2021 (Reg. No.1032 of 2021), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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