Chanki Devi @ Chanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9462 of 2021 Arising Out of PS. Case No.-314 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Chanki Devi @ Chanchan Devi, Wife of Dinesh Paswan, 2.

Dinesh Paswan, Son of Gajadhar Paswan, Both R/O Village- Nawanagar, P.S.- Bidupur, District- Vaishali. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur, Adv.

For the State :

Mr.Ajit Kumar, APP For the Informant : Mr.Sabal Kumar Jha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-09-2021 Heard the parties through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioners seek bail in a case registered for the offence punishable under Section 363 of the Indian Penal Code and later on 363(A) of the Indian Penal Code. Allegation against the petitioners is that they have kidnapped about three years old child.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that no case is made out against the

Patna High Court CR. MISC. No.9462 of 2021(3) dt.10-09-2021 2/2 petitioner no.1. She has been made accused only on suspicion in this case. This type of case was pending against petitioner no.2 in which he is on bail. There is no eye witnesses in this case. The petitioners are languishing in judicial custody since 28.08.2020. The petitioner no.1 has got no criminal antecedent and petitioner no.2 has got one criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State vehemently opposed the prayer for bail application and submits that the petitioners have kidnapped about three years old child.

Considering the aforesaid facts and circumstances of the case, only on suspicion petitioners have been made accused and there is no eye witness in this case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each in connection with Bidupur P.S. Case No. 314/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T