Champa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63662 of 2022 Arising Out of PS. Case No.-529 Year-2021 Thana- BHORE District- Gopalganj ====================================================== 1.

CHAMPA DEVI WIFE OF SUKHDEO RAM R/O VILL.- HARIHAR CHHAPER, P.S.- BHORE, DISTT.- GOPALGANJ 2.

MAMTA DEVI WIFE OF SHANI RAM R/O VILL.- HARIHAR CHHAPER, P.S.- BHORE, DISTT.- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Kumar, Adv.

For the Opposite Party/s :

Mr.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2023 Heard the parties.

The petitioners apprehend their arrest in connection with Bhore P.S. Case No.529 of 2021, registered for the offence punishable u/s 366-A of the IPC. Subsequently, charge sheet was submitted u/s 366-A, 376(3), 342, 504, 506/34 of the IPC and sections 4/6 of the POCSO Act.

As per the prosecution case, the F.I.R. named accused persons including the petitioners abducted the minor daughter of the informant for the purpose of marrying her with Babi Ram. 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 to ulterior

Patna High Court CR. MISC. No.63662 of 2022(2) dt.24-02-2023 2/2 motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The specific allegations is against the accused Babi Ram and petitioners are merely the family members of Babi Ram. Petitioners are ladies and have no criminal antecedent.

Learned APP for the State opposed the prayer for bail by submitting that under a conspiracy, the accused persons have abducted the minor daughter of the informant for the purpose of marrying her.

Having regard to the facts and circumstances of the case, considering the nature of allegation, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

This application is accordingly dismissed.

However, petitioners are at liberty to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass the order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T