Kalawati Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37778 of 2018 Arising Out of PS.Case No. -86 Year- 2016 Thana -MANIHARI District- MUZAFFARPUR ======================================================
1. Kalawati Devi W/o Raj Kishore Paswan
2. Raj Kishore Paswan S/o Gauri Paswan Both R/o Village- Turki Barkurwa, P.S. Kudhani District- Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar Rakesh, Advocate For the Opposite Party/s : Mr. Arun Kumar Padney, A.P.P.-83 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 Heard learned counsel for the petitioners and learned A.P.P.
The petitioners seek anticipatory bail in connection with Maniyari P. S. Case No. 86 of 2016, registered for offences punishable under Section 363 of the Indian Penal Code. Allegation against the petitioners is of kidnapping the wife of the informant.
Submission of the learned counsel for the petitioners is that the petitioners have falsely been implicated on extraneous consideration and there is delay of one month in lodging the F.I.R. Learned A.P.P. opposes the prayer for bail stating that the statement of the victim girl recorded under Section 164
Patna High Court Cr.Misc. No.37778 of 2018 (3) dt.23-07-2018 2/2 Cr.P.C. in which she has stated the name of these petitioners and further stated that they were engaged in sell and purchase of the girl.
Learned A.P.P. opposes the prayer for bail.
n In view of allegation against the petitioners, above named, I am not inclined to grant bail to the petitioners. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioners that if the petitioners surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court. With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) Sudha/- U T