Allowed

Seema Devi v. The State of Bihar

Patna HC13 Dec 2022CR. MISC./52658/2022

Case brief

AI extract

What is this about?

Patna HC allowed bail to four petitioners accused of kidnapping under IPC 366(A). The court noted the victim's statement lacked support for the prosecution story. Petitioners must furnish a bond of Rs. 25,000 each with two sureties within six weeks.

What did the court decide?

Released on bail on deposition of Rs. 25,000/- by each petitioner with two sureties of like amount to be furnished within six weeks.

Seema Devi Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52658 of 2022

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Arising Out of PS. Case No.-92 Year-2020 Thana- PANJWARA District- Banka

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

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SEEMA DEVI W/o Kapildeo Manjhi R/o village- Nilghari, P.S.- Panjwara, District- Banka

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Kapildeo Manjhi S/o Bhim Manjhi R/o village- Nilghari, P.S.- Panjwara, District- Banka

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Bhim Manjhi S/o Late Rohin Manjhi R/o village- Nilghari, P.S.- Panjwara, District- Banka

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Rajesh Kumar S/o Kapildeo Manjhi R/o village- Nilghari, P.S.- Panjwara, District- Banka

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Praveen Kumar,Adv. For the Opposite Party/s : Mr.Ajit Kumar, APP.

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... ... Opposite Party/s

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====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 13-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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Learned counsel for the petitioners is directed to remove the defects within four weeks.

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Petitioners apprehend their arrest in a case registered for offence punishable u/s 366(A) of IPC.

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Allegedly, the accused persons named in F.I.R. including the petitioners kidnapped informant’s daughter.

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It is submitted by learned counsel for the petitioners that petitioners are quite innocent and has committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is further submitted that victim girl’s statement was recorded u/s 164 Cr.P.C. and in her

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Patna High Court CR. MISC. No.52658 of 2022(2) dt.13-12-2022 2/2

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statement she stated that her mother had scolded her on some issue, due to which she fled away. She has further stated that nobody had kidnapped her, rather out of anger she left the house, while Ravi had not taken her for the purpose of marriage. It is further submitted by the learned counsel for the petitioners that after investigation, the Police has filed final form against co-accused Ravi Kumar but the learned Special Judge, (POCSO) Banka differing with the final form, took cognizance against the petitioners. Petitioners have no criminal antecedent.

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Learned APP for the State opposed the prayer for bail.

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Having regard to the facts and circumstances of the case, since the victim girl has not supported the prosecution story, let the above named petitioners, 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 Panjwara P.S. Case No.92 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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divyanshi/-

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U T

Seema Devi v. The State of Bihar

Case brief

What is this about?

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Seema Devi v. The State of Bihar

Case brief

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