Ashok Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70989 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== 1.

ASHOK RAM son of Nandlal Ram Village- Chainpura Ps- Adhoura DistKaimur at Bhabua 2.

Ramashish Ram @ Ram Ashish Ram son of Shiv Ram Village- Dighar PsAdhoura Dist- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 366 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, the daughter in law of the informant is said to have kidnapped by the petitioners.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that there is no evidence or material of abducting or kidnapping of

Patna High Court CR. MISC. No.70989 of 2023(2) dt.28-11-2023 2/2 the daughter in law of the informant. He submits that in para 10 of the case diary there is statement of the daughter of the informant, therein she stated that her sister in law, namely, Sarita Devi wife of Mohan Ram had come at her village wherefrom she has refused to go back to her matrimonial home and she was saying that her husband have got second marriage with an another lady. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Adhoura P.S. Case No.35 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T