Dhruv Shankar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65562 of 2023 Arising Out of PS. Case No.-108 Year-2022 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== 1.
Dhruv Shankar Rai Son Of Late Ganeshi Rai Resident Of VillageVishwambharpur, Ps- Tariyani, Dist-Sheohar 2.
Panwati Devi @ Pano Devi Wife Of Late Ganeshi Rai Resident Of VillageVishwambharpur, Ps- Tariyani, Dist-Sheohar 3.
Shiv Shankar Rai @ Shiv Shankar Kumar Son Of Late Ganeshi Rai Resident Of Village- Vishwambharpur, Ps- Tariyani, Dist-Sheohar 4.
Umashankar Rai Son Of Late Ganeshi Rai Resident Of VillageVishwambharpur, Ps- Tariyani, Dist-Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar, Adv.
For the Opposite Party/s :
Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Learned counsel for the petitioners seeks permission of the Court to correct the age of the petitioner No.1, namely Dhruv Shankar Rai in course of the day.
3. Permission is accorded.
4. The petitioners apprehend arrest in connection with Tariyani Chhapra P.S. Case No. 108 of 2022, dated 23.11.2022, instituted for the offence punishable under Sections 363 and 366(A)/34 of the Indian Penal Code.
5. There is allegation of kidnapping the minor daughter of the informant with a view to sell.
Patna High Court CR. MISC. No.65562 of 2023(2) dt.07-11-2023 2/3
6. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is submitted that the specific allegation has been attributed against co-accused, namely, Chhotu Kumar, who happens to be the elder brother of petitioner Nos. 1,3 and 4 and son of the petitioner No.2. It is next submitted that after recovery, the statement of the victim girl has been recorded under Section 164 Cr.P.C., which is annexed as Annexure-2 to the bail petition, wherein, the victim girl has not levelled any specific allegation against these petitioners. The petitioners have no criminal antecedents, as per statement made in para 3 of the bail petition.
7. Learned A.P.P. has opposed the prayer for bail of the petitioner.
8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Tariyani Chhapra P.S. Case No. 108 of 2022, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A/c Judicial Magistrate, Sheohar, subject to
Patna High Court CR. MISC. No.65562 of 2023(2) dt.07-11-2023 3/3 condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) shyambihari/- U T