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Patna High CourtCR. MISC./55600/2024allowed

Krishna Bind @ Krishna Rawat v. The State Of Bihar

2024-09-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55600 of 2024 Arising Out of PS. Case No.-194 Year-2024 Thana- DARAUNDA District- Siwan ====================================================== 1.

Krishna Bind @ Krishna Rawat Son of Late Bhagwan Rawat R/V- VillageBishun Pura, P.S.- Daraunda, Distt.- Siwan 2.

Bindu Devi Late Surendra Prasad @ Chhotu Prasad Rawat R/V- VillageBishun Pura, P.S.- Daraunda, Distt.- Siwan ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Daraunda P.S. Case no. 194/2024 registered for the offences under Section 363, 366 (A) of Indian Penal Code.

3. The prosecution case is that the daughter of the informant went outside her house and did not return. After search it was found that one Rahul Kumar took her away from the village with the intention to marry her. It is alleged that when the informant went to the house of petitioner no.1 to call her daughter, he abused her.

4. It is submitted by the learned counsel for the petitioners that the petitioners are innocent and have been

Patna High Court CR. MISC. No.55600 of 2024(3) dt.25-09-2024 2/2 falsely implicated in this case. It is submitted that the allegation levelled against the petitioners are not specific rather general and omnibus in nature. It is further submitted that the statement of the victim was recorded u/s 164 Cr.P.C., in which, she has not supported the prosecution case. The petitioners have no criminal antecedent, as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as the fact that the victim has not supported the prosecution case in her statement recorded u/s 164 Cr.P.C., let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/-(Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the leaned lower Court where the case is pending/successor Court in connection with Daraunda P.S. Case no. 194/2024, subject tot he condition as laid down under section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Suruchi/- U T