Allowed

Hiralal Vishwkarma v. The State of Bihar

Patna HC7 Dec 2020CR. MISC./10491/2020

Case brief

AI extract

What is this about?

In this criminal miscellaneous application, the High Court of Judicature at Patna considered a petition for anticipatory bail filed by the parents of a co-accused in a case involving abduction and sexual assault. The court found the petitioners falsely implicated as the victim made no statement against them during her statutory statement, and granted anticipatory bail subject to conditions.

What did the court decide?

Anticipatory bail granted; surrender within six weeks; furnish bond of Rs. 10,000 with two sureties to Additional Sessions Judge.

Hiralal Vishwkarma Vs The State of Bihar — Bail and Remand | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10491 of 2020

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Arising Out of PS. Case No.-183 Year-2019 Thana- ARIYARI District- Sheikhpura

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======================================================

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HIRALAL VISHWKARMA Son of Basudeo Mistry Resident of Village - Hussainabad, P.S.- Ariyari, Distt.- Sheikhpura.

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Manju Devi @ Urmila Devi Wife of Hiralal Vishwkarma Resident of Village - Hussainabad, P.S.- Ariyari, Distt.- Sheikhpura.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sheo Nandan Prasad For the Opposite Party/s : Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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6 07-12-2020

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Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State, through Video Conferencing.

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This application, for grant of anticipatory bail, arises out of Ariyari Police Station Case No. 183 of 2019, disclosing offences under Sections 363/366-A of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

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The prosecution case, as per the First Information Report, is that the daughter of the informant was abducted by co-accused Gaurav Kumar, with the help of the petitioners.

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Learned Counsel for the petitioners submits that the

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Patna High Court CR. MISC. No.10491 of 2020(6) dt.07-12-2020 2/3

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petitioners have falsely been implicated in this case on the basis of the fact that the petitioners are the parents of co-accused Gaurav Kumar. He, referring to Annexure-2, statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, 1973, submits that the victim girl has not stated anything against these petitioners in her statement, and coaccused Gaurav Kumar has been granted regular bail by this Court, vide order, dated 01.06.2020, passed in Criminal Misc. No. 10008 of 2020.

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After having heard learned Counsel for the parties concerned and taking into consideration the materials on record and the fact that the victim girl, in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973, has not stated anything against these petitioners, I am inclined to grant the petitioners privilege of anticipatory bail.

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This application is, accordingly, allowed.

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Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1^st Additional Sessions Judge, Sheikhpura, in connection with Ariyari Police Station Case No.

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Patna High Court CR. MISC. No.10491 of 2020(6) dt.07-12-2020 3/3

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183 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

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(Anil Kumar Sinha, J.)

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Prabhakar Anand/-

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U √ T √

Hiralal Vishwkarma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Hiralal Vishwkarma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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