Patna High CourtCR. MISC./85222/2024partly allowed disposal

Guljar Das v. The State Of Bihar

2024-12-12Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85222 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- SUHAIL District- Gaya ====================================================== 1.

Guljar Das S/O Late Rameshar Das @ Rameshwar Das R/O VillageSalaiya, P.S- Sohail, Salaiya, District -Gaya 2.

Reema Devi @ Reena Devi W/O Guljar Das R/O Village- Salaiya, P.SSohail, Salaiya, District -Gaya 3.

Kawita Devi D/O Guljar Das R/O Village- Salaiya, P.S- Sohail, Salaiya, District -Gaya 4.

Govind @ Govind Kumar S/O Sunder Lal R/O Village- Salaiya, P.S- Sohail, Salaiya, District -Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 96, 140(3), 3(5) of the B.N.S.

3. As per F.I.R., allegation against the petitioners is that they kidnapped informant's daughter for the purpose of sale and on protest of sale of victim, all accused persons started molesting and abusing her.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.85222 of 2024(2) dt.12-12-2024 2/3 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 the case and counter blast case has been filed by the side of petitioners vide Amas P.S. Case No. 134 of 2024 against the prosecution party. Petitioners no. 1 and 2 have one criminal antecedent and petitioners no. 3 and 4 have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that the victim, in her statement under Section 164 of Cr.P.C., has supported the prosecution case.

6. Having regard to the facts and circumstances of the case and the fact that the petitioners no.2 and 3 are female, let the above named petitioners no.2 and 3, 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 Suhail P.S. Case No. 24 of 2024, subject to the condition as laid down under

Patna High Court CR. MISC. No.85222 of 2024(2) dt.12-12-2024 3/3 Section 482(2) of B.N.S.S., 2023.

7. Considering the facts and circumstances of case and that fact that there is specific overt act against petitioners no.1 and 4, I am not inclined to enlarge petitioners no.1 and 4 on anticipatory bail. The prayer for anticipatory bail of the petitioner no. 1 and 4 is hereby rejected.

8. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) anand/- U T