Nutan Devi @ Nutan Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88353 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- Shivnarayanpur District- Bhagalpur ====================================================== 1.
Nutan Devi @ Nutan Jaiswal W/o Sri krishna Mohan Bhagat @ Krishna Mohan Jaiswal Resident of Village- Mathurapur, Ward No. 2, PSShivnarayanpur, District- Bhagalpur 2.
Krishna Mohan Bhagat @ Krishna Mohan Jaiswal S/o Late Ram Prasad Bhagat Resident of Village- Mathurapur, Ward No. 2, PS- Shivnarayanpur, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv.
Ms. Vaishnavi Singh, Adv.
Mr. Ritwik Thakur, Adv.
For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-01-2025 Heard learned counsel for the petitioners and Mr. Satyendra Prasad, learned APP for the State.
2. The instant application for anticipatory bail have been filed by the petitioners apprehending their arrest in connection with Shivnarayanpur P.S. Case No. 99 of 2024 instituted for the offence under Sections 87, 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. The case of the prosecution is that the petitioners along with others took away the wife of the informant and that cash and valuables were also taken by his wife. Admittedly, the wife of the informant is aged about 32 years and she is a major
Patna High Court CR. MISC. No.88353 of 2024(2) dt.10-01-2025 2/3 lady. During investigation, she has given her statement under Section 183 of the BNS.
4. Learned counsel appearing on behalf of the petitioner have submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. From perusal of the order of the trial court, it transpires that the victim in her statement has stated that she has not stated anything regarding alurement or threatening. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.
5. In contra, learned APP appearing for the State opposes the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Shivnarayanpur P.S. Case No. 99 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Bhagalpur subject to the conditions as laid
Patna High Court CR. MISC. No.88353 of 2024(2) dt.10-01-2025 3/3 down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Sudhanshu/- U T