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Patna High CourtCR. MISC./12235/2024bail granted

Krishna Devi v. The State Of Bihar

2024-05-03Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12235 of 2024 Arising Out of PS. Case No.-429 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1.

Krishna Devi Wife Of Rama Shankar Baitha Village Ibrahimpur Ps Runnisaidpur Dist Sitamarhi 2.

Ramashankar Baitha Son Of Late Bipat Baitha Village Ibrahimpur Ps Runnisaidpur Dist Sitamarhi 3.

Chandramani Biath Son Of Ramashankar Baitha Village Ibrahimpur Ps Runnisaidpur Dist Sitamarhi 4.

Bhagyanaranaya Baitha Son Of Late Bhangi Baitha Village Ibrahimpur Ps Runnisaidpur Dist Sitamarhi 5.

Gita Devi Wife Of Nand Kishore Baitha Village Ibrahimpur Ps Runnisaidpur Dist Sitamarhi ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Shobha Devi Wife Of Jaykishore Baitha Vill- Ibrahimpur, Ps-Runnisaidpu, Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2024 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Runnisaidpur P.S. Case No.429 of 2023 under Sections 363, 366A and 34 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against seven named accused persons including the present

Patna High Court CR. MISC. No.12235 of 2024(4) dt.03-05-2024 2/3 petitioners that they have actively participated in kidnapping of the informant's daughter.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that the alleged victim has been recovered and she has narrated her statement under section 164 of Cr.P.C. before the Magistrate.

5. Counsel further submits that on the previous occasion, case diary and her statement under section 164 of Cr.P.C. have been called for. He further submits that in her statement, she has alleged nothing against the present petitioners rather disclosed the name of only two accused persons.

6. Counsel also submits that there is one criminal case pending against the petitioners in which they are on bail and charge-sheet has already been framed in this case.

7. Learned APP for the State opposes the prayer for bail.

8. In the present facts and circumstances, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of

Patna High Court CR. MISC. No.12235 of 2024(4) dt.03-05-2024 3/3 like amount each to the satisfaction of learned A.D.J.-cumSpecial Judge (POCSO Act)- VI, Sitamarhi in connection with Runnisaidpur P.S. Case No.429 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T