Rabindra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76481 of 2023 Arising Out of PS. Case No.-621 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== 1.

RABINDRA RAI S/O LATE MAHARAJ RAI VILLAGE- SAKKADI, PASCHIM TOAL, PS. KOILWAR, DIST. BHOJPUR 2.

JANKI DEVI W/O RABINDRA RAI VILLAGE- SAKKADI, PASCHIM TOAL, PS. KOILWAR, DIST. BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 363, 366(A), 34 of the Indian Penal Code.

3. The allegation against the petitioners is that, they, in collusion with co-accused Rahul Kumar kidnapped the daughter of informant.

4. 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. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act

Patna High Court CR. MISC. No.76481 of 2023(2) dt.06-12-2023 2/2 against the petitioners. He further submits that the specific allegation is against the co-accused Rahul Kumar. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, 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 Koilwar P.S. Case No.621 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T