Diliya And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.9949 of 2015 (2) dt.13-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9949 of 2015 Arising Out of PS.Case No. -30 Year- 2014 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Diliya Wife of Pappu

2. Roshania Khatoon, wife of Krishna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-03-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Sadar P.S. Case No. 30 of 2014 registered for the offences punishable under Sections 365, 370, 372 of the Indian Penal Code. According to prosecution case itself, the alleged occurrence took place one year back and the victim has already returned to her home. The statement of victim has been recorded under Section 164 of the Cr.P.C. in which she stated about the involvement of the petitioners in the alleged crime. Learned counsel for the petitioners submits that the present case was lodged on 09.01.2014 for an occurrence which is said to have taken place one year back. He further submits that as

Patna High Court Cr.Misc. No.9949 of 2015 (2) dt.13-03-2015 a matter of fact, the informant's girl is a dancer and she used to work along with one Salen Sah which is evident from perusal of Annexure-2 to this petition. He further submits that much prior to lodging of the present case, the informant filed complaint case bearing Complaint Case No. 1535 of 2013 against the aforesaid Salen Sah and others and in the aforesaid complaint case, she specifically stated that her daughter was taken away by the aforesaid Salen Sah to work with his orchestra party.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in Sadar P.S. Case No. 30 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T