Chameli Devi And ANR v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4187 of 2019 Arising Out of PS. Case No.-1096 Year-2017 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== 1.

Chameli Devi, aged about 20 years (Female), Daughter of Late Kashim Sharma, Wife of Haren Sharma @ Hiren Sharma.

2.

Bishnu Sharma, aged about 26 years (Male), Son of Late Kashim Sharma. Both (1&2) residents of Village-Aalelpur (Mallah Tola), P.S.- Barsoi, District -Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Kamli Devi, (Age 45 years, Female), W/o Kailash Sharma Resident of Village- Aalepur (Mallah Tola), P.O.- Shitalpur, P.S.- Barsoi (O.P. Sudhani), District- Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Complaint Case No. 1096 of 2017 registered for offences under sections 323, 341, 365 & 504/34 of the Indian Penal Code.

A complaint case has been filed. The marriage of the son of the Complainant, namely, Haren Sharma was solemnized with the petitioner no.1, Chameli Devi, according to Hindu customs and rites in the year 2016. It has been alleged

Patna High Court CR. MISC. No.4187 of 2019(5) dt.04-04-2019 2/3 that the son of the Complainant, Haren Sharma had gone to his Sasural where his wife, the petitioner no.1 used to live and, thereafter, he became traceless.

Allegation of kidnapping has been made against the petitioners.

This Court had called for a report submitted by the police before the Chief Judicial Magistrate, Katihar with regard to authenticity of the allegation. The report shows that it is the matter related to forceful marriage and, on that account, both the sides have entered into strained relation. The police has tried to settle the dispute but failed.

Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Katihar in connection Complaint Case No. 1096 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they

Patna High Court CR. MISC. No.4187 of 2019(5) dt.04-04-2019 3/3 would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T