Indu Devi vs The State Of Bihar on 21 August, 2023

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Patna High Court - Orders

Indu Devi vs The State Of Bihar on 21 August, 2023

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18002 of 2023
                     Arising Out of PS. Case No.-235 Year-2021 Thana- BARHIYA District- Lakhisarai
                 ======================================================
           1.     Indu Devi Wife Of Prem Shankar Sao @ Pintu Sao Resident Of Village -
                  Lohra, Ward No.- 11, P.S.- Barahiya, District - Lakhisarai
           2.     Badal Kumar Son Of Prem Shankar Sao @ Pintu Sao Resident Of Village -
                  Lohra, Ward No.- 11, P.S.- Barahiya, District - Lakhisarai
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailesh Anand
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

4   21-08-2023

Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners seeks permission to not press this application with regard to petitioner no.2 as he is minor.

3. Permission is accorded.

4. Now, this application is being heard only with regard to petitioner no.1.

5. Heard learned counsel for the petitioner no.1 and learned APP for the State.

6. The petitioner no.1 is apprehending her arrest in a case registered for the offences punishable under Sections 363 and 365/34 of the Indian Penal Code pending in the learned court below.

7. As per the prosecution case petitioner along with other co-accused persons are said to have kidnapped the minor girl Patna High Court CR. MISC. No.18002 of 2023(4) dt.21-08-2023 2/2 of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the informant and accused are coparcenary and the whole family of the petitioner has been implicated in this case only the harrass and to take undue advantage with respect to the undivided property. He submits that there is no compliance of Section 41(A) of the Cr.P.C.. He submits that in the entire case diary there is no independent witness has supported the prosecution case. He further submits that petitioner have got no. criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submits that the victim was minor which is clear from the statement of the victim recorded under Section 164 Cr.P.C.. Hence, she does not deserve anticipatory bail.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner no.1 on bail in connection with Barhiya P.S. Case No. 235/2021. Accordingly, his prayer for anticipatory bail is hereby rejected.

(Anjani Kumar Sharan, J) ajay/-

U        T

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Patna High Court - Orders