Pushpa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64409 of 2021 Arising Out of PS. Case No.-84 Year-2021 Thana- KURTHA District- Jehanabad ====================================================== 1.

PUSHPA DEVI W/o Akhilesh Sao @ Akhilesh Prasad Resident of VillageKhemkaran Saray, P.S.- Kurtha, Dist- Arwal. 2.

AKHILESH SAO @ AKHILESH PRASAD S/o Late Hardev Saw Resident of Village- Khemkaran Saray, P.S.- Kutha, Dist- Arwal ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nitya Nand Neeraj, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 366(A)/34 of the Indian Penal Code. Allegation is that the accused Golu Kumar, Manish Kumar and Awadhesh Kumar @ Vicky abducted the daughter of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.64409 of 2021(2) dt.04-04-2022 2/3 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. As per the allegation, co-accused, namely, Golu Kumar, Manish Kumar and Awadhesh Kumar @ Vicky are said to have abducted the victim. Petitioner No.1 is mother of coaccused Golu Kumar and petitioner No.2 is father of co-accused Golu Kumar. There is a case instituted by the petitioner No.1 also, which is Annexure 2 to the present application, where it has been alleged that the informant of the present case has abducted the son of the petitioners. From perusal of the F.I.R., it is apparent that there is no allegation of abduction against the petitioners.

They have been made accused in the present case only because of their son, namely, Golu Kumar. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Shubh Nandan Jha, C.J.M., Arwal in connection with Kurtha P.S.

Patna High Court CR. MISC. No.64409 of 2021(2) dt.04-04-2022 3/3 No.84 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T