Savita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72446 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== 1.

Savita Devi W/O Kapildev Yadav @ Kapaldev Yadav @ Kapil Yadav R/O Village- Khijir Chak, P.S.- Teghara, Dist.- Begusarai 2.

Rajesh Rai @ Rajesh Yadav Son Of Kapildev Yadav @ Kapaldev Yadav @ Kapil Yadav R/O Village- Khijir Chak, P.S.- Teghara, Dist.- Begusarai 3.

Dhiraj Rai Son Of Kapildev Yadav @ Kapaldev Yadav @ Kapil Yadav R/O Village- Khijir Chak, P.S.- Teghara, Dist.- Begusarai 4.

Niraj Rai @ Niraj Yadav Son Of Kapildev Yadv @ Kapaldev Yadav @ Kapil Yadav R/O Village- Khijir Chak, P.S.- Teghara, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Mahanar P.S. Case No. 69 of 2023 dated 13.03.2023 registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.

Patna High Court CR. MISC. No.72446 of 2023(2) dt.10-11-2023 2/3

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have kidnapped the minor daughter of the informant.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. Learned counsel for the petitioner has further submitted that the victim was not forced to have illicit intercourse with another person. There is delay of 16 days in lodging the F.I.R. It is further submitted that petitioners are made accused in this case only because petitioner no.1 is mother and petitioner No. 2,3 and 4 are brothers of the co-accused Lalchan Kumar.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Mahanar P.S. Case No. 69 of 2023, subject to conditions as laid down under

Patna High Court CR. MISC. No.72446 of 2023(2) dt.10-11-2023 3/3 Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T