Umiya Devi @ Nakki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63526 of 2022 Arising Out of PS. Case No.-142 Year-2022 Thana- SONBERSA District- Saharsa ====================================================== 1.

UMIYA DEVI @ NAKKI DEVI Wife of Maheshwari Yadav @ Maheshwari Prasad Yadav R/v- Maina, Ward No. 2, P.S.- Sonebarsa, District- Saharsa 2.

MAHESHWARI YADAV @ MAHESHWARI PRASAD YADAV Son of Late Bhola Yadav R/v- Maina, Ward No. 2, P.S.- Sonebarsa, DistrictSaharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 363, 366(A) and 34 of the IPC and sections 8 and 12 of Protection of Children from Sexual Offences Act.

Allegedly, petitioners are said to have kidnapped the daughter of the informant to solemnize her marriage with one Lalit Kumar.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due grudge. No such occurrence, in the manner as alleged, has ever taken place.

Patna High Court CR. MISC. No.63526 of 2022(3) dt.21-03-2023 2/2 The allegation leveled against the petitioners is not specific rather general and omnibus in nature. They have been made accused in this case only because they are the parents of the coaccused Lalit Kumar. Statement of the victim was recorded u/s 164 Cr.P.C., in which she has not supported the prosecution case. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the statement of the victim, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty 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 Sonbarsa Raj P.S. Case No.142 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.