Susma Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9468 of 2015 Arising Out of PS.Case No. -32 Year- 2013 Thana -SINGHIYA District- SAMASTIPUR ======================================================

1. Susma Devi Wife of Late Vinod Singh

2. Ashok Singh Son of Late Shri Krishna Singh All are resident of village - Singhia, Police Station - Singhia, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Mr. Pramod Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-04-2015 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 363, 366A of the Indian Penal Code.

Accusation is of kidnapping the minor daughter of the informant. It is alleged that these petitioners and co-accused, Sanjay Kumar Singh, Amit Kumar Singh enticed away the minor daughter of the informant. It is submitted by the learned counsel for the petitioners that under Section 164 statement the victim has named only Amit Kumar Singh and Sanjay Kumar Singh as Sanjay Kumar Singh has threatened Amit Kumar Singh, if he will not kidnap the victim he will kill him, thereafter Amit

Patna High Court Cr.Misc. No.9468 of 2015 (2) dt.20-04-2015 Kumar Singh married with the victim and established forcible physical relationship. It is submitted that petitioners were not sent up for trial on conclusion of the investigation but differing with the final form cognizance has been taken. It is submitted that under Section 164 Cr.P.C. statement thrust of accusation is against Amit Kumar Singh.

Considering the aforesaid facts, 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 Sub-Divisional Judicial Magistrate, Rosera, Samastipur in connection with Singhia P.S. Case No. 32 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T