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Patna High CourtCR. MISC./3196/2023allowed

Binod Goswami @ Binod @ Vinod v. The State Of Bihar

2023-03-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3196 of 2023 Arising Out of PS. Case No.-367 Year-2022 Thana- FALKA District- Katihar ====================================================== 1.

Binod Goswami @ Binod @ Vinod S/O Jitendra Goswami R/O VillageDumar, P.S- Falka, District- Katihar 2.

Arun Yadav@ Arun Kumar Yadav S/O Dinesh Yadav R/O VillageChandpur, P.S- Falka, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Prasad Sah For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 366A and 34 of the Indian Penal Code.

As per prosecution case, the informant's daughter and niece were going to school and as soon as they reached at P.O. the petitioners along with other accused persons forcibly took his daughter.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.3196 of 2023(2) dt.28-03-2023 2/2 general and omnibus in nature. He submits that during the course of investigation under Section 164 of the Cr.P.C., the victim girl in her statement has not whispered anything against the petitioners. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering 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 Court below where the case is pending/successor Court in connection with Falka (Pothia) P.S. Case No. 367 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T