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Patna High CourtCR. MISC./80223/2023allowed

Sudhir Kumar @ Sudhir Kumar Sharma v. The State Of Bihar

2023-12-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80223 of 2023 Arising Out of PS. Case No.-429 Year-2023 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== 1.

SUDHIR KUMAR @ SUDHIR KUMAR SHARMA SON OF BAIJNATH THAKUR R/O MOHALLA- DIWAN ROAD, KAMLA PRASAD LANE, P.S.- TOWN, DISTRICT- MUZAFFARPUR 2.

GAYATRI SHARMA WIFE OF SUDHIR KUMAR @ SUDHIR KUMAR SHARMA R/O MOHALLA- DIWAN ROAD, KAMLA PRASAD LANE, P.S.- TOWN, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Nandan For the Opposite Party/s :

Mr. Madhura Nand Jha Mr. Jai Prakash Verma Mr. Naresh Pd. Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 306, 504, 506/34 of the Indian Penal Code.

3. Allegedly, the son of the petitioners, co-accused Utsav mentally and physically exploited the daughter of informant by threatening to make her photos viral.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.80223 of 2023(2) dt.18-12-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners are the mother and father of the co-accused Utsav and there is no specific overt act against the them. Petitioners have no criminal antecedent.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that the petitioners are also involved in the present case.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, 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 court below where the case is pending/Successor Court in connection with Town P.S. Case No.429 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T