Shail Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63801 of 2021 Arising Out of PS. Case No.-337 Year-2021 Thana- BASANTPUR District- Siwan ====================================================== 1.

SHAIL DEVI W/o Late Dhananjay Sah Resident of village - Sipah Tola, P.S.- Basantpur, Distt.- Siwan.

2.

ASHISH KUMAR Son of Late Dhananjay Sah Resident of village - Sipah Tola, P.S.- Basantpur, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Basantpur P.S. Case no. 337 of 2021 instituted for the offence punishable under Sections 363, 366(A), 365 of the Indian Penal Code.

As per allegation in the FIR, two daughters of the informant had gone to market but till late night they did not return and then the present case has been lodged against unknown.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.63801 of 2021(3) dt.05-09-2022 2/2 have submitted that petitioners are innocent and have committed no offence. Petitioners are not named in the FIR. They have been falsely implicated in this case due to previous enmity between the parties. Both the parties are close agnates. Learned APP appearing for the State has opposed the prayer of bail and submitted that after recovery of the victim girls, their statements were recorded under Section 164 Cr.P.C. in which both the victim girls have made specific allegation of kidnapping against the petitioners after making them unconscious by putting clothes on their face. Having heard learned counsel for the parties and taking into consideration that there is directed allegation of kidnapping against the petitioners, I am not inclined to grant bail to the petitioners and, as such, their applications for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U