Savita Devi @ Sabita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9380 of 2019 Arising Out of PS. Case No.-258 Year-2018 Thana- MUFFASIL District- West Champaran ======================================================

1. Savita Devi @ Sabita Devi, aged about 41 years, Female, Wife of Lakshmi Prasad.

2. Gita Devi @ Geeta Devi, aged about 58 years, Female, Wife of Jagdish Prasad, Both residents of village- Salaha Mudila, P.S- Chautarwa, District- West Champaran at Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-02-2019 Heard both sides.

Petitioners apprehend their arrest in Bettiah (Muffasil) P.S. Case No.258 of 2018, registered under Sections 366-A and 34 of the Indian Penal Code and under Section 8 of the POCSO Act.

The informant, father of the victim, alleged that Vikash Kumar and these two petitioners kidnapped his minor daughter.

Learned counsel for the petitioners submits that the petitioners are sister and mother of Vikash Kumar. The victim appeared and made her statement under Section 164 Cr.P.C. and disclosed that she was in love with Vikash Kumar and she

Patna High Court Cr.Misc. No.9380 of 2019(2) dt.19-02-2019 2/2 wanted to marry him but her parents were not agreeable to such marriage that is why she voluntarily left her house and fled along with Vikash Kumar. She did not disclose the name of the petitioners.

Taking into consideration the facts that the petitioners are sister and mother of Vikash Kumar and the victim in her statement under Section 164 Cr.P.C. did not even name the petitioners and attribute any sorts of allegation against them, the victim also denied the factum of her kidnapping as alleged by her father, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged 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 the learned Additional Sessions Judge-Ist-cum-Special Judge, West Champaran at Bettiah in connection with Bettiah (Muffasil) P.S. Case No.258 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T