Anjani Devi @Anjali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71565 of 2021 Arising Out of PS. Case No.-35 Year-2021 Thana- GAUNAHA District- West Champaran ====================================================== 1.

ANJANI DEVI @ ANJALI DEVI W/O LATE ANGAD SAH @ LATE ANGAD PRASAD 2.

Soni Kumari @ Sanju Kumari D/o Late Angad Sah @ Late Angad Prasad Both Resident of Ward No. 5, Village - Amolwa, P.S.- Gaunaha, DistrictWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Shubham, Advocate For the Opposite Party/s:

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code read with Section 8 of the Protection of Children from Sexual Offenses Act, 2012.

Learned counsel for the petitioners submits that petitioners have antecedent of two cases which was instituted by the husband of the present informant against them.

The informant alleges that his minor daughter was kidnapped by the accused persons including the petitioners. Learned counsel for the petitioners submits that the victim

Patna High Court CR. MISC. No.71565 of 2021(3) dt.01-08-2022 2/2 has returned and she has not supported the prosecution case in her statement recorded under Section 164 Cr.P.C. with regard to the petitioners. He further submits that police, after investigation, submitted final form in favour of the petitioners vide Final Form No. 127 of 2021, dated 08.06.2021 but the learned court below in a mechanical manner took cognizance of the offence against the petitioners. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

5,000/- (Rupees Five Thousand) each 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 Gaunaha P.S. Case No. 35 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.