Suganti Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1247 of 2015 Arising Out of PS.Case No. -20 Year- 2014 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Suganti Devi

2. Priyanka Devi.

3. Asharfi Singh.

4. Lallan Singh

5. Sonu Kumar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Ambika Bhagat(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 366, 366A and 376/34 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act.

It is alleged that the petitioner Sonu Kumar married with the daughter of the informant namely Mamta Kumari and after six months of the marriage, the daughter of the informant was brought to the house of Sonu Kumar when she was being assaulted, kicked out from the house and abused by calling caste name. It is submitted by learned counsel for the petitioners that in 164 Cr. P.C. statement, the victim got her age recorded as 18

Patna High Court Cr.Misc. No.1247 of 2015 (2) dt.13-01-2015 2/2 years when the court assessed her age as 15 years where she stated that she of her own went to her maternal uncle house and she was not in love with Sonu Kumar and the false case has been lodged. Subsequently, the informant has retracted from his initial version. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari in connection with Paharpur P.S. Case No. 20 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. Learned counsel for the petitioners is permitted to make correction in the petition.

(Dinesh Kumar Singh, J) Amrendra/- U T