Babloo Mistry And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8499 of 2016 Arising Out of PS.Case No. -263 Year- 2015 Thana -JAMUI District- JAMUI ======================================================

1. Babloo Mistry son of Charitar Mistry

2. Rekha Dvi wife of Babloo Mistry Both residents of Village- Baruatta, P.S.- Jamui, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-02-2016 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 504, 120B, 366A of the Indian Penal Code. The prosecution case is that on 11.09.2015 the daughter of the informant namely Kajal Kumari went to school, but from there she went traceless. In spite of hectic search she was not traced out. In the meantime, the mother of Pankaj Mistry called the informant and

Patna High Court Cr.Misc. No.8499 of 2016 (2) dt.22-02-2016 suggested that her daughter went in the company of his son Pankaj Mistry to solemnize marriage. The informant suggested the mother of Pankaj Mistry has not allowed to perform such marriage, but in spite of request the daughter of the informant was not released.

It is submitted by the learned counsel for the petitioner that daughter of the informant was in love with Pankaj Mistry. The petitioners have been roped in the present case because they happens to be brother and sister-in-law of Pankaj Mistry. The daughter of the informant went traceless on 11.09.2015 when the complaint was filed on 15.09.2015, which came to be registered as police case on 05.10.2015. Pankaj Mistry and victim girl is still traceless.

Considering the delayed lodging of the complaint, trust of accusation is against Pankaj Mistry, coupled with statement made in para-3 of the petition that petitioners have no criminal antecedent and statement made in para-12 that victim is aged about 21 years, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 263 of 2015, subject to

Patna High Court Cr.Misc. No.8499 of 2016 (2) dt.22-02-2016 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T