Allowed

Anokha Devi v. The State of Bihar

Patna HC18 Dec 2024CR. MISC./67271/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a kidnapping case under Sections 363 and 366A IPC, alleging false implication and that the minor victim left home due to a love affair and married co-accused Chandan Kumar. The court found the allegations vague and doubtful and granted anticipatory bail with conditions.

What did the court decide?

Anticipatory bail granted: release on arrest/surrender within eight weeks on Rs. 10,000 bail bond each with two sureties of like amount, subject to Section 438(2) CrPC and additional conditions.

Anokha Devi Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67271 of 2024

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Arising Out of PS. Case No.-182 Year-2024 Thana- MADHEPURA District- Madhepura

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

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Anokha Devi Wife of Chitranjan Yadav Village- Parbha, P.S.- Sonbarsha, District- Saharsa

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Pankaj Kumar Son of Ramchandra Yadav Village- Parbha, P.S.- Sonbarsha, District- Saharsa

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sharda Nand Mishra, Adv. For the Opposite Party/s : Mr.Bharat Bhushan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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3 18-12-2024

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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In the present case, the petitioners are apprehending their arrest in connection with Madhepura (Barahi O.P.) P.S. Case No.182 of 2024 registered for the alleged offences under Section 363 & 366(A) of the Indian Penal Code.

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As per prosecution case, the minor sister of the informant was kidnapped by the petitioners and co-accused Chandan Kumar.

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Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. In fact, it was due to love affair between the victim girl and co-accused Chandan Kumar, and for this reason the sister of the

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Patna High Court CR. MISC. No.67271 of 2024(3) dt.18-12-2024 2/3

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informant left her house and performed marriage with the coaccused Chandan Kumar on 23.02.2024 and they have been residing as husband and wife. The petitioners have no role in the alleged occurrence as petitioner no. 1 is the mother of the coaccused Chandan Kumar and petitioner no. 2 is the cousin of the co-accused. Whatever allegation is there it is against co-accused Chandan Kumar who used to regularly visit the house of the informant and no offences under Section 363 and 366A of the Indian Penal Code is made out against the petitioners.

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Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioners.

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Having regard to the facts and circumstances and submission made on behalf of the parties and considering the vague and doubtful nature of allegation and possibility of false accusation, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Court of C.J.M., Madhepura in connection with Madhepura (Barahi O.P.) P.S. Case No.182 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

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Patna High Court CR. MISC. No.67271 of 2024(3) dt.18-12-2024 3/3

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(i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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(Arun Kumar Jha, J)

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anuradha/-

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U T

Anokha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anokha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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