Sarswati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73739 of 2023 Arising Out of PS. Case No.-311 Year-2022 Thana- AWTARNAGAR District- Saran ====================================================== 1.
SARSWATI DEVI W/O AKHILESH MANJHI R/O VILLAGE- HARAJI, P.S.- AWTAR NAGAR, DISTRICT- SARAN AT CHAPRA 2.
NIBHA DEVI @ NISHA DEVI D/O AKHILESH MANJHI R/O VILLAGEHARAJI, P.S.- AWTAR NAGAR, DISTRICT- SARAN AT CHAPRA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Kumar Tiwari For the Opposite Party/s :
Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2024
1. 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, 366(A) and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are women and have been falsely implicated in the instant case by the informant. It is further submitted that the victim was in love with Veem Kumar Manjhi and thus had eloped with him, but the father of the victim instituted the instant case against Bheem Kumar Manjhi and his family members including the petitioners with an allegation that they kidnapped his minor daughter for the purposes of marriage. It is next submitted that no doubt the victim came back and thereafter her statement was recorded under Section 164 Cr.P.C. wherein she implicated these
Patna High Court CR. MISC. No.73739 of 2023(4) dt.21-03-2024 2/2 petitioners but then did not even remotely suggest about the involvement of Bheem Kumar Manjhi and his family members. It is next submitted that statement of the victim under Section 164 Cr.P.C., in the nature of allegation as alleged, does not appear to be credible. It is also submitted that petitioners are not related to Bheem, but still have been implicated on account of dispute relating to land with the informant.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Awtarnagar P.S. Case No. 311 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T