Phuljharo Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8133 of 2019 Arising Out of PS. Case No.-234 Year-2018 Thana- BIHIA District- Bhojpur ======================================================

1. Phuljharo Devi Wife of Bhikhan Ram Resident of Village- Pakri, P.S.-Bihiya, District- Bhojpur

2. Akhilesh Ram Son of Bisheswar Ram Resident of Village- Pakri, P.S.-Bihiya, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Adv.

For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-02-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Bihiya P.S. Case No. 234/2018 dated 18.06.2018 instituted for the offence under Section 366(A) of the Indian Penal Code.

The minor daughter of the informant is alleged to have been abducted/kidnapped for the purposes of marring her. The petitioners have been named in the F.I.R. as having conspired with one Dharmendra Kumar in abducting the daughter of the informant.

Patna High Court Cr.Misc. No.8133 of 2019(2) dt.13-02-2019 2/3 Learned counsel for the petitioners has drawn the attention of this court to the 164 statement of the victim girl who has categorically stated that she had gone out of her house along with Dharmendra Kumar of her own volition because she wanted to marry him. She had made specific statement that she was not subjected to any physical misdemeanor or mental torture. Petitioner no. 1 is the mother of Dharmendra Kumar whereas the relationship of petitioner no. 2 with Dharmendra Kumar has not been disclosed in the F.I.R. Regard being had to the aforesaid facts and taking into account the clean antecedents of the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Patna High Court Cr.Misc. No.8133 of 2019(2) dt.13-02-2019 3/3 Magistrate, Bhojpur at Ara in connection with Bihiya P.S. Case No. 234/2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) vinita/- U T