Sahmat Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 7652 of 2021 Arising Out of PS. Case No.-47 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== 1.

SAHMAT RAI Son of Aalim Rai Resident of Village- Bahuarawa, P.S.- Palanwa, District- East Champaran.

2.

Najrana Khatoon Wife of Kuran Resident of Village- Bahadurpur, P.S.- Areraj, District- East Champaran.

3.

Sunil Rai Son of Late Fulena Rai Resident of Village- Bahadurpur, P.S.- Areraj, District- East Champaran.

4.

Islam Rai Son of Jamadar Rai Resident of Village- Bhawanipur, P.S.- Areraj, District- East Champaran.

5.

Sheela Khatoon Wife of Islam Rai Resident of Village- Bhawanipur, P.S.- Areraj, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sugauli P.S. Case no. 47 of 2020 instituted for the offence punishable under Sections 363, 366, 504 and 506 of the Indian Penal Code.

It is a case of abduction to the wife of the informant, namely, Sindhu Devi by the FIR named accused persons. Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No. 7652 of 2021(2) dt.07-12-2021 2/2 has submitted that petitioners are innocent and have been falsely implicated in this case. Statement of the victim lady, recorded under Section 164 Cr.P.C. before the magistrate, wherein she stated that no one has kidnapped her rather she has visited to the village of her maternal aunt with her own willing. Learned APP appearing for the State has opposed the prayer of anticipatory bail of the petitioner. 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 Sugauli P.S. Case no.

47 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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