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Patna High CourtCR. MISC./13349/2020bail granted

Sumitra Devi v. The State Of Bihar

2020-06-23Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13349 of 2020 Arising Out of PS. Case No.-42 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

SUMITRA DEVI Wife of Late Ramchandra Dubey Resident of Village - Gora Bahuarwa, P.S.- Yogapatti (Sanichari), District - West Champaran. 2.

Manohar Dubey Son of Late Ramchandra Dubey Resident of Village - Gora Bahuarwa, P.S.- Yogapatti (Sanichari), District - West Champaran. 3.

Todang Dubey Son of Late Ramchandra Dubey Resident of Village - Gora Bahuarwa, P.S.- Yogapatti (Sanichari), District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 363, 366, 379, 504, 506/34 of the Indian Penal Code.

Prosecution allegation against the accused persons is of taking away of the daughter of the informant from her house

Patna High Court CR. MISC. No.13349 of 2020(2) dt.23-06-2020 2/3 for the purpose of marriage.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has not supported the allegations made in the F.I.R. The victim has admitted that she has got married with one Sanjeev Mishra out of her own sweet will. The petitioner no. 1 is a lady. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti Sanichari P.S. Case No. 42 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of

Patna High Court CR. MISC. No.13349 of 2020(2) dt.23-06-2020 3/3 seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T