Budhiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74290 of 2022 Arising Out of PS. Case No.-277 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== 1.

Budhiya Devi Wife Of Bihari Sahani R/O Village- Dumari, P.S.- Sugauli, District- E. Champaran 2.

Angad Sahani Son Of Bihari Sahani R/O Village- Dumari, P.S.- Sugauli, District- E. Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 342, 323, 324, 307, 354, 364/34 of the Indian Penal Code.

The allegation against the petitioners and other co-accused persons is that they abducted the daughter of informant and when the informant came to her rescue, she was assaulted.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.74290 of 2022(3) dt.17-05-2023 2/3 petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. They have no concern with the alleged occurrence. The victim has been recovered and she has stated in her statement, recorded under Section 164 of Cr.P.C. that petitioners and other co-accused persons have taken her forcefully to their house. She has not stated about the specific overt act of allegation against the petitioners. She has further stated that she went to Rajasthan, where she solemnized marriage with one Mahindra Sahni. It is also submitted that petitioners are languishing in judicial custody since 16.06.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.74290 of 2022(3) dt.17-05-2023 3/3 this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Sugauli P.S. Case No. 277 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran.

(Sunil Kumar Panwar, J) Nirajkrs/- U T