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Patna High CourtCR. MISC./71258/2022bail rejected

Renu Devi v. The State Of Bihar

2023-03-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71258 of 2022 Arising Out of PS. Case No.-539 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.

RENU DEVI Wife of Dinesh Sah R/v- Behind- Chakia Cold Store, By-pass Road, Professor Colony, P.S.- Chakia, Dist- East Champaran 2.

VINOD SAH SONI @ BINOD KUMAR Son of Late Mahavir Sah Soni @ Raghubir Sah R/v- Azad Nagar Manaspuri, Baluatal, Ward No. -07, near Sidwara, P.S.- Town (Motihari), District- East Champaran 3.

MAMTA DEVI Wife of Vinod Sah Soni @ Binod Kumar R/v- Azad Nagar Manaspuri, Baluatal, Ward No. -07, near Sidwara, P.S.- Town (Motihari), District- East Champaran 4.

MUKESH SONI @ MUKESH SONI Son of Late Mahavir Sah Soni @ Raghubir Sah R/v- Azad Nagar Manaspuri, Baluatal, Ward No. -07, near Sidwara, P.S.- Town (Motihari), District- East Champaran 5.

SUDHA DEVI @ SUDHA RAJ D/o Late Mahavir Sah Soni @ Raghubir Sah R/v- Azad Nagar Manaspuri, Baluatal, Ward No. -07, near Sidwara, P.S.- Town (Motihari), District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 366(A), 380 and some other ancillary Sections of the Indian Penal Code and u/s 8 of POCSO Act.

As per the prosecution case, all the FIR named

Patna High Court CR. MISC. No.71258 of 2022(2) dt.24-03-2023 2/2 accused persons, including these petitioners, came in the house of informant and kidnapped her daughter. It is further alleged that the also committed theft of cash of Rs. 25,000/- and gold and silver jewelry.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case due to village politics. There is no allegation of commission of any specific overt act against these petitioners. Petitioners have got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that there is direct and specific allegation against these petitioners of kidnapping the daughter of informant. The victim is still traceless. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioners on pre arrest bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T