Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 94652 (PAT)

Vindeswari Sharma v. The State of Bihar

CR. MISC./14786/2025 · 2025-04-21

Ashok Kumar Pandey

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14786 of 2025 Arising Out of PS. Case No.-47 Year-2023 Thana- BASANHI District- Saharsa ====================================================== 1. Vindeswari Sharma, S/O Late Achhelal Sharma, Resident of Village- Sahsoula, Tola Bathnaha, P.S- Basnahi, District- Saharsa. 2. Bijli Devi, W/O Gopal Sharma, R/O Sahsoula, Tola Bathnaha, P.S- Basnahi, Distt.- Saharsa. ... ... Petitioner/s Versus 1. The State of Bihar 2. Sanjiv Kumar Jha, S/O Late Rawti Raman Jha @ Revati Raman Jha, R/O Mahsarol, Tola Bathnaha, P.S- Basnahi, Distt.- Saharsa. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 21-04-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The instant application for anticipatory bail has been filed by the petitioner apprehending their arrest in connection with Basnahi P.S. Case No. 47 of 2023 instituted for the offence under Section 366(A) of the Indian Penal Code and under Sections 4 and 18 of the POCSO Act. 3. The case of the prosecution is that one Nitish Kumar has kidnapped the minor daughter of the infomant. It is furhter alleged that when the informant went to the house of Nitish Kumar and complained and asked about the whereabouts Patna High Court CR. MISC. No.14786 of 2025(2) dt.21-04-2025 2/3 of her minor daughter, the petitioners along with others did not told her anything. 4. Learned counsel appearing on behalf of the petitioners has submitted that Only allegation against these petitioers is that they did not disclose anything regarding kidnapping of the minor daughter of the informant. From perusal of the FIR it is clear that the main thrust of allegation is against Nitish Kumar. Petitioner No.1 is his grandfather and petitioner No.2 is his mother. There is no role of these petitioners in the occurrence. Moreover, learned counsel for the petitioner has submitted that the victim has married with Nitish and for that she has also filed an affidavit. 5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner. 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 Basnahi P.S. Case No. 47 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each of them with two Patna High Court CR. MISC. No.14786 of 2025(2) dt.21-04-2025 3/3 sureties of the like amount each to the satisfaction of learned ADJ- VI, Saharsa subject to the conditions as laid down under Section 438(2) of the Cr.P.C. durgesh/- (Ashok Kumar Pandey, J) U T