Patna High CourtCR. MISC./23919/2016bail granted

Subhawati Devi And ORS v. The State Of Bihar

2016-05-30Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23919 of 2016 Arising Out of PS.Case No. -157 Year- 2015 Thana -SIWAN CITY District- SIWAN ======================================================

1. Subhawati Devi wife of Late Janarbi Sah

2. Shrimati Devi wife of Golak Sah

3. Harendra Sah son of Late Janarbi Sah

4. Tinku Sah son of Golak Sah All are resident of Mohalla- Jai Prakash Nagar, Siwan, P.S.- Siwan Town, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Opposite Party/s : Mr. Anish Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 366/34 of the Indian Penal Code.

The basic accusation is of abducting the daughter of the informant.

It is submitted by learned counsel for the petitioners that in 164 Cr. P.C. statement the victim got her age recorded as 20 years whereas the court has assessed her age as 17 years. The impugned order reflects that as per the medical opinion, the victim was found between 20 to 21 years. In 164 Cr. P.C. statement, the victim stated that she was in love with one Mahendra. She went in

Patna High Court Cr.Misc. No.23919 of 2016 (2) dt.30-05-2016 2/2 the company of Mahendra of her own and got married with him. In 164 Cr. P.C. statement, the victim did not name the petitioners. The petitioners are mother, aunt, brother and cousin of Mahendra. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Siwan in connection with Siwan Town P.S. Case No. 157 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T