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Patna High CourtCR. MISC./69705/2021bail granted

Kanti Devi v. The State Of Bihar

2022-08-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69705 of 2021 Arising Out of PS. Case No.-266 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== 1.

KANTI DEVI W/o Sri Fulena Patel Resident of Village- Khadda, Pokhra Tola, P.S.- Nautan, District- West Champaran. 2.

Shambhu Patel @ Shambhu Raut Son of Late Sitaram Patel Resident of Village- Khadda, Pokhra Tola, P.S.- Nautan, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 366-A/34 of the Indian Penal Code.

It is submitted on behalf of petitioners that the victim in her statement recorded under Sections 164 Cr.P.C. has denied the prosecution case and has specifically stated that out of her own will, she went with co-accused Rajeev Kumar. The victim is major. It is further submitted that petitioner have been made accused simply because they are close relatives of co-accused Rajeev Kumar. Petitioners have clean antecedent. Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.69705 of 2021(3) dt.30-08-2022 2/2 Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cumSpecial Judge, POCSO Act, West Champaran at Bettiah in connection with Nautan P.S. Case No. 266 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T