Mrs Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10253 of 2021 Arising Out of PS. Case No.-33 Year-2020 Thana- BIHRA District- Saharsa ====================================================== 1.

MRS MANJU DEVI W/o Vinod Sharma Resident of VillagePandhgachhiya, P.S.- Bihra, Distt- Saharsa. 2.

Manoj Sharma Son of Late Khushilal Sharma Resident of VillagePandhgachhiya, P.S.- Bihra, Distt- Saharsa. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Subesh Sharma For the Opposite Parties :

Mr. Surendra Kumar Mr. Chandra Mohan Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State through virtual Court proceedings.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363 & 366A/34 of the Indian Penal Code and Section 8 of the POCSO

Patna High Court CR. MISC. No.10253 of 2021(3) dt.17-01-2022 2/3 Act.

The daughter of the informant is said to have been kidnapped by the petitioners in association of other co-accused. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. As a matter of fact, daughter of the informant has eloped with coaccused, Pankaj Kumar Sharma @ Samser and solemnized marriage in a temple at Chandigarh. The victim in her statement made under Section 164 Cr.P.C. on 04.03.2020 has stated that she was in love with Pankaj Kumar Sharm. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The specific allegation is against co-accused, Pankaj Sharma. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, 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 learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.10253 of 2021(3) dt.17-01-2022 3/3 connection with Bihra P.S. Case No.33 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T