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Patna High CourtCR. MISC./79895/2023allowed

Sanjay Choudhary v. The State Of Bihar

2023-12-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79895 of 2023 Arising Out of PS. Case No.-200 Year-2023 Thana- RANIYATALAB District- Patna ====================================================== 1.

Sanjay Choudhary Son Of Late Jaglal Choudhary Resident Of Village - Selgadh, Police Station - Ranitalab Kanpa, District - Patna 2.

Sunaina Devi Wife Of Sanjay Choudhary Resident Of Village - Selgadh, Police Station - Ranitalab Kanpa, District - Patna 3.

Vicky Choudhary @ Vicky Kumar Son Of Sanjay Choudhary Resident Of Village - Selgadh, Police Station - Ranitalab Kanpa, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2023 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 366A of the Indian Penal Code.

3. As per the prosecution case, allegation against the petitioners is that they along with other co-accused persons have kidnapped the daughter of the informant.

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 there is no specific overt act against the petitioners. There is specific allegation against co-accused, Deepak Kumar, and the

Patna High Court CR. MISC. No.79895 of 2023(2) dt.15-12-2023 2/2 petitioners are family members of the said co-accused and coaccused, Deepak Kumar, is already in judicial custody. He further submits that the victim in her statement under Section 161 of Cr.P.C., has not supported the prosecution case. 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, 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 Ranitalab P.S. Case No.200 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