Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8326 of 2023 Arising Out of PS. Case No.-133 Year-2022 Thana- KHANPURA District- Samastipur ====================================================== 1.

INDU DEVI Wife of Vinod Paswan R/v- Khatuaha, P.S.- Khanpur, DistrictSamastipur 2.

MINTU PASWAN Son of Vinod Paswan R/v- Khatuaha, P.S.- Khanpur, District- Samastipur 3.

PRABHAT PASWAN Son of Vinod Paswan R/v- Khatuaha, P.S.- Khanpur, District- Samastipur 4.

JITENDRA PASWAN Son of Vinod Paswan R/v- Khatuaha, P.S.- Khanpur, District- Samastipur 5.

VIJAY PASWAN Son of Vinod Paswan R/v- Khatuaha, P.S.- Khanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Nazir Ansari, Adv.

For the Opposite Party/s :

Mr.Asha Devi, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 366(A), 323, 341, 504/34 of the Indian Penal Code and Sections 8 and 12 of POCSO Act.

Allegedly, petitioners along with other accused persons kidnapped the informant's daughter.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.8326 of 2023(5) dt.27-06-2023 2/2 no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no eye-witness in the present case. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that victim is still traceless and the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail. Considering the facts and circumstances of case, as victim is minor, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. (Anjani Kumar Sharan, J) divyanshi/- U T