Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73995 of 2022 Arising Out of PS. Case No.-294 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== 1.

KIRAN DEVI W/o Dharambir Prasad Soni R/o village and P.S.- Haspura, district- Aurangabad, Bihar 2.

ROSHAN KUMAR @ RAUSHAN KUMAR S/o Dharamvir Prasad R/o House No - 54, P.S.- Haspura, district- Aurangabad, Bihar ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Anand Kumar Ojha, Advocate For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners in the present case are seeking pre-arrest bail in connection with Haspura P.S. Case No. 294 of 2022 registered for the offences punishable under Sections 366, 504/ 34 of the Indian Penal Code. Petitioners have got no criminal antecedent.

As per the prosecution story, the allegation against the petitioners is that they have helped Ravi Kumar in abducting the daughter of the informant with a view to marry her. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that there is no specific allegation

Patna High Court CR. MISC. No.73995 of 2022(2) dt.29-04-2023 2/3 against petitioner nos. 1 and 2.

Mr. Nityanand, learned APP for the State has opposed the prayer for anticipatory bail of the petitioners. Having regard to the facts and circumstances of the case, considering that the petitioner no. 1 is the mother and petitioner no. 2 is the brother of the co-accused Ravi Kumar, the allegation is that the said Ravi Kumar and the daughter of the informant where in touch with each other and the said Ravi Kumar has taken away the daughter of the informant with an intention to marry her, there being no specific role of these petitioners in the alleged occurrence, this Court directs release of the petitioners above-named in the event of their arrest or surrender within a period of four weeks from today in connection with Haspura P.S. Case No. 294 of 2022 on furnishing bail bonds of Rs.

25,000/- (Rupess Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Aurangabad, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.73995 of 2022(2) dt.29-04-2023 3/3 cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application is allowed.

(Rajeev Ranjan Prasad, J) tusharika/- U