Nootan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17685 of 2022 Arising Out of PS. Case No.-14 Year-2019 Thana- MAHILA P.S. District- Lakhisarai ====================================================== 1.
Nootan Devi Wife Of Rampadarath Mahto R/O Village- Nagar Patelpur, P.S.- Surajgarha, District- Lakhisarai 2.
Rampadarath Mahto @ Padarath Mahto Son Of Babulal Mahto R/O VillageNagar Patelpur, P.S.- Surajgarha, District- Lakhisarai 3.
Mahesh Mahto Son Of Babulal Mahto R/O Village- Nagar Patelpur, P.S.- Surajgarha, District- Lakhisarai 4.
Jayanti Devi @ Jayanti Mahto Wife Of Mahesh Mahto R/O Village- Nagar Patelpur, P.S.- Surajgarha, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code, Section 8 of the POSCO Act and Sections 3(1)(r)(w) of SC/ST(Prevention of Atrocities) Act.
The prosecution case as per F.I.R is that sister of the informant went missing when he had gone to the
Patna High Court CR. MISC. No.17685 of 2022(2) dt.19-09-2022 2/3 coaching centre. The informant thereafter came to know that co-accused Sonu Kumar had kidnapped his husband. It is further alleged that thereafter co-accused Sonu Kumar and the petitioners came at the door of the informant and informed him that his sister has solemonized marriage with co-accused Sonu Kumar and they have mutually decided to live together as husband and wife. However, after two days, the accused persons left his sister at the house of the informant and when the informant enquired from the accused persons, they made assaulted and abused by calling caste name. It is submitted by learned counsel for the petitioners that the petitioners are innocent and have falsely been implicated in this case since they are family members of co-accused Sonu Kumar with whom, the sister of the informant was in love. It is further submitted that for the alleged occurrence of 13.06.2019, the F.I.R was registered on 03.07.2019. A statement has been made in para 3 of the petition that
Patna High Court CR. MISC. No.17685 of 2022(2) dt.19-09-2022 3/3 petitioners have no criminal antecedent.
In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VI-cum-Special Judge, POSCO, Lakhisarai in connection with Mahila P.S. Case No. 14 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Shageer/- U T