Chandrika Sahni And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3187 of 2019 Arising Out of PS. Case No.-122 Year-2018 Thana- BARGAINIA District- Sitamarhi ======================================================
1. Chandrika Sahni, son of Rajendra Sahni
2. Fulmala Devi, wife of Chandrika Sahni
3. Arvind Kumar, son of Yogendra Sahni
4. Ashok Kumar, son of Amichandra Sahni All are residents of Village- Madhuchhapra, P.S- Bairgania, DistrictSitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the Opposite Party/s :
Mr. Binod Kumar No.3, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 24-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Bairgania P.S. Case No. 122 of 2018, registered for the offences punishable under Sections 363, 366A, 372 and 34 of the Indian Penal Code.
Allegation has been made that the co-accused Pradeep Kumar, who is related to the petitioners, has taken away the daughter of the informant for the purpose of marriage with her. Learned counsel for the petitioners submits that the petitioner nos. 1 and 2 are father and mother and the petitioner nos. 3 and 4 are closed relatives of co-accused Pradeep Kumar. He has further submitted that both sides have knowledge that they have entered into the marriage and they are living outside the
Patna High Court Cr.Misc. No.3187 of 2019(2) dt.24-01-2019 2/2 village. From perusal of the FIR, it appears that the co-accused Pradeep Kumar has taken away the victim girl and a compromise petition has been attached showing that the victim girl and coaccused Pradeep Kumar have entered into the marriage and they are living together.
Looking to the entire facts and circumstances of the case, let the petitioners above-named be released on anticipatory 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 bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, District Sitamarhi, in connection with Bairgania P.S. Case no. 122 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.
(Shivaji Pandey, J) V.K.Pandey/ S. Katyayan U T