Poshan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57660 of 2022 Arising Out of PS. Case No.-770 Year-2014 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.

Poshan Ray S/O Shiv Narayan Ray Resident Of Village- Amghatta, P.S. And District- Sitamarhi.

2.

Meera Devi W/O Poshan Ray Resident Of Village- Amghatta, P.S. And District- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Savitri Devi W/O Late Ganor Ram Resident Of Village- Amghatta, P.S. And District- Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Murari For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 363, 366A, 34 of the Indian Penal Code.

As per FIR, the allegation against the accused persons including the petitioners is that they kidnapped daughter of the informant due to ulterior motives. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on the

Patna High Court CR. MISC. No.57660 of 2022(7) dt.05-09-2023 2/3 basis of suspicion. The victim was not recovered as yet and during investigation, it came into light that her mother assaulted her due to which she fled away with another person and solemnized marriage with him. It is further submitted that not a single witnesses stated about the complicity of the petitioners in this alleged occurrence. The petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 22.05.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Sitamarhi P.S. Case No. 770 of 2014 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court. (Sunil Kumar Panwar, J) Manishkumar/- U T

Patna High Court CR. MISC. No.57660 of 2022(7) dt.05-09-2023 3/3