Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82729 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- VISHNUPAD District- Gaya ====================================================== 1.

Sunita Devi Wife of Late Praveen Kumar Akhouri @ Milan Sinha, Resident of Nawagarhi, P.S. - Vishnupad, District - Gaya. 2.

Ayush Kumar Akhouri @ Shivam Srivastava Son of Praveen Kumar Akhouri @ Milan Sinha, Resident of Nawagarhi, P.S. - Vishnupad, District - Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Rajan Lal Jhangar Son of Anant Lal Jhangar, Resident of Mohalla - Chand Chaura, P.S. - Vishnupad, District - Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhukar Anand, Advocate.

For the Opposite Party/s :

Ms. Sucheta Yadav, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with POCSO Case No.170 of 2024 arising out of Vishnupad P.S. Case No.107 of 2024 instituted under Sections 366A and 34 of the Indian Penal Code.

3. As per the prosecution case, the co-accused Anish Kumar enticed the daughter of informant and taken her away on the pretext of marriage. The allegation against the petitioners is that they helped the co-accused in the offence.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.82729 of 2024(2) dt.11-12-2024 2/2 case due to being the mother and brother of co-accused Anish Kumar. He further submits that the victim in her statement recorded under Sections 161 & 164 of Cr.P.C. has not made any allegation against the petitioners. Learned counsel submits that petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Additional Sessions Judge-VI-cum- Special Judge, POCSO Act, Gaya in connection with POCSO Case No.170 of 2024 arising out of Vishnupad P.S. Case No.107 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T