Vibha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20874 of 2020 Arising Out of PS. Case No.-146 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

VIBHA DEVI W/o Ishwar Chandra Singh, Resident of Mohalla, P.S.- Bhahadurpur, District- Darbhanga.

2.

Sweety Singh D/o Ishwar Chandra Singh, Resident of Mohalla, P.S.- Bhahadurpur, District- Darbhanga.

3.

Sabhajit Singh S/o Ishwar Chandra Singh, Resident of Mohalla, P.S.- Bhahadurpur, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Narain Yadav For the Opposite Party/s :

Mr. Nityanand Mr. Ugranath Mallik ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-12-2021 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

The petitioners apprehend their arrest in connection with Bahadur P.S. Case No. 146 of 2019 registered for offence punishable under sections 366(A)/34 of the Indian Penal Code. Ravinder Singh, who is the informant, has made allegation against the petitioners as well as co-accused Abhimanyu Singh that they have kidnapped the minor daughter

Patna High Court CR. MISC. No.20874 of 2020(4) dt.21-12-2021 2/3 of the informant.

The learned counsel for the petitioners has submitted that the victim girl has been recovered and her statement under section 164 of the Cr. PC. has been recorded in paragraph no.101 of the case diary in which she has stated that the petitioners have forcibly solemnized her marriage with coaccused, Abhimanyu Singh and she lived with him as husband and wife in Rajasthan. Later on, after eight months, Abhimanyu Singh, Amarjit Singh and Kamlu Singh left her near Police Line. The learned counsel for the petitioners has further submitted that petitioner no. 1 is mother, petitioner no. 2 is sister and petitioner no. 3 is brother of co-accused Abhimanyu Singh with whom the marriage of the victim is alleged to be solemnized. He has also submitted that petitioners have no concern with the entire occurrence and their names have been arrayed as accused, as they are close relative of Abhimanyu Singh. On the other hand, the learned Additional Public Prosecutor has opposed the prayer for bail.

Considering the facts and circumstance of the case, the petitioners above named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two

Patna High Court CR. MISC. No.20874 of 2020(4) dt.21-12-2021 3/3 sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Darbhanga in connection with Bahadur P.S. Case No. 146 of 2019, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T