Priyanka Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57210 of 2022 Arising Out of PS. Case No.-140 Year-2022 Thana- SHEOHAR District- Sheohar ====================================================== 1.
PRIYANKA KUMARI W/O SANJEEV KUMAR RESIDENT OFBHAKURHAR, P.S.- BAIRGANIYA, DISTRICT- SITAMARHI 2.
GAURAV KUMAR S/O VIJAY KUMAR GUPTA RESIDENT OF SASAULA KHURD, P.S.- SHEOHAR, DISTRICT- SHEOHAR 3.
VIJAY KUMAR GUPTA S/O LATE BABULAL SAH RESIDENT OF SASAULA KHURD, P.S.- SHEOHAR, DISTRICT- SHEOHAR 4.
USHA DEVI W/O VIJAY KUMAR GUPTA RESIDENT OF SASAULA KHURD, P.S.- SHEOHAR, DISTRICT- SHEOHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yashraj Bardhan For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable u/s 363, 366/34 of the IPC. The allegation against the petitioners is of kidnapping the wife of informant.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific
Patna High Court CR. MISC. No.57210 of 2022(3) dt.03-01-2023 2/2 rather general and omnibus in nature. From perusal of the F.I.R. itself, it is clear that informant is the eye-witness of the kidnapping but he has lodged the F.I.R. after a delay of six days without giving any plausible explanation. Such delay in lodging the F.I.R., even after being the eye-witness, creates doubt about the prosecution case. It is further submitted that the informant in order to gobble up a loan amount of Rs.1 Lac given to him by the petitioners. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the delay in lodging the F.I.R.
, 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 court below where the case is pending/Successor Court in connection with Sheohar P.S. Case No.140 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.