Chandrama Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73681 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- MORKAHI District- Khagaria ====================================================== 1.

Chandrama Devi W/o- Sanjeev Chaudhary Village- Jhima, P.S. Morkahi, DIstt. Khagaria 2.

Balbir Kumar Son of Judge Chaudhary Village- Jhima, P.S. Morkahi, DIstt. Khagaria 3.

Bali Kumar @ Balmiki Kumar Son of Arjun Chaudhary Village- Jhima, P.S. Morkahi, DIstt. Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

3. As per the prosecution case, the informant alleged that when his daughter was going to school she was abducted by co-accused Manchan Kumar with the help of the petitioners.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the statement of the victim was recorded under Section 164 of

Patna High Court CR. MISC. No.73681 of 2024(2) dt.26-10-2024 2/2 Cr.P.C., in which she has not supported the prosecution case. He further submits that there is no specific allegation against the petitioners and the petitioners are family members of coaccused Manchan Kumar. He next submits that there is specific allegation against co-accused Manchan Kumar. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case and the fact that 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 lower Court where the case is pending/successor Court in connection with Morkahi P.S. Case No.154 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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