Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67901 of 2021 Arising Out of PS. Case No.-5 Year-2021 Thana- GAUNAHA District- West Champaran ====================================================== 1.

MURARI KUMAR S/o Kalibali Ram Resident of Village- Bhitiharwa, P.S.- Gaunaha, District- West Chamapran.

2.

MANJU DEVI W/o Kalibali Ram R/o Village- Bhitiharwa, P.S.- Gaunaha, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, 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 363, 366A of the Indian Penal Code and Section 8 of POCSO Act.

Allegation is that the accused persons including the petitioners kidnapped 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.67901 of 2021(2) dt.04-04-2022 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The victim has been recovered. Her statement under Section 164 Cr.P.C. has been recorded, in which she has stated that she had left the house out of her own will and got married with co-accused Madhu Kumar. She has not supported the allegations made in the F.I.R. Petitioner No.2 is a lady. 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 Additional District and Sessions Judge 7th-cum-Special Judge, POCSO, Bettiah, West Champaran in connection with Gaunaha P.S. case No.05/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.