Shakuntala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58076 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- BARABAR TOURIST District- Jehanabad ====================================================== 1.

Shakuntala Devi Wife Of Baijnath Raut R/O Village- Parsauna, P.S.- Barabar Paryatak, Distt.- Jehanabad 2.

Minta Devi Wife Of Shyam Raut @ Shyam Prasad R/O Village- Parsauna, P.S.- Barabar Paryatak, Distt.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party :

Mr. Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 366(a) of the Indian Penal Code and Section 08 of POCSO Act. .

Allegedly, the petitioners alongwith other F.I.R. named accused persons are said to have kidnapped the daughter of the informant to solemnize marriage.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. There is no specific overt act against the petitioners. It is further submitted that the statement of the victim recorded under Section 164 of

Patna High Court CR. MISC. No.58076 of 2022(2) dt.21-12-2022 2/2 the Cr.P.C., in which she has not supported the prosecution story. Petitioners have no criminal antecedent. Learned APP for the State vehemently opposed the prayer for anticipatory bail.

Considering the statement of the victim recorded under Section 164 of the Cr.P.C., 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) 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 Barabar Paryatak P.S. Case No. 01 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Shahnawaz/- U T