Mamta Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23087 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -JAMALPUR District- DARBHANGA ======================================================

1. Mamta Devi, W/O- Arjun Ram,

2. Renu Devi, W/O- Naresh Ram,

3. Arjun Ram, S/O- Late Jagan Ram,

4. Naresh Ram, S/O- Arjun Ram, All are R/V- Bauram, P.S- Jamalpur, District-Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Binod Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-07-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 366, 366(A)/34 of the Indian Penal Code.

The accusation is abducting the minor daughter of the informant.

It is submitted by learned counsel for the petitioners that the victim in her 164 Cr.P.C statement got her age recorded as 16 years and learned Court has assessed as such where she stated that since her mother assaulted her, hence she went to her friend's Sunita house of her own and no one has abducted her. The certified copy of the 164 Cr.P.C statement of the victim has been produced. Let it be kept on record. It is further submitted that prior to recording of the 164

Patna High Court Cr.Misc. No.23087 of 2015 (2) dt.13-07-2015 2/2 Cr.P.C proceeding the victim has filed a petition to that effect before learned Court below that she was not been kidnapped. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Biraul at Benipur, Darbhanga in connection with Jamalpur P.S. Case No. 13 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T