Prabhawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51899 of 2023 Arising Out of PS. Case No.-263 Year-2023 Thana- MADHAURAH District- Saran ====================================================== 1.

Prabhawati Devi W/O Sanjeet Kumar Upadhyaya @ Sanjeev Kumar R/O Village- Devo Bahuara, Ps. Madhaura, Dist. Saran 2.

Sanjeet Kumar Upadhayay @ Sanjeev Kumar S/O Badri Upadhayay R/O Village- Devo Bahuara, Ps. Madhaura, Dist. Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners have prayed for bail in a case instituted for the offence under Section 363 of the Indian Penal Code and later on Sections 302, 201, 120(B) IPC was added. It is a case of kidnapping of informant's son, namely, Amit Kumar from his house. Informant has raised suspicion against the petitioners because of deceased was in illicit relationship with the minor daughter of the petitioners. It is further alleged that petitioners are conspirator in committing the murder of the informant's son.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.51899 of 2023(3) dt.03-10-2023 2/2 that petitioner has been falsely implicated in this case. Informant is not the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioners were dragged in the present case. During investigation, no consistent material has come against the petitioners to show their involvement in the present case. Petitioners have got no criminal antecedent and he is languishing in judicial custody since 22.05.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned CJM, Saran at Chapra in connection with Madhaura P.S. Case No. 263 of 2023.

(Sunil Kumar Panwar, J) sushma/- U