Pushpa Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25052 of 2016 Arising Out of PS.Case No. -42 Year- 2016 Thana -ALAMNAGAR District- MADHEPURA ======================================================

1. Pushpa Devi W/o Pradeep Sharma

2. Pradeep Sharma Son of Late Ramotar Sharma Both residents of village - Chuaa Basa, P.S. Alamnagar, District - Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-06-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 366(A), 120(B)/34 of the Indian Penal Code.

The prosecution case is of abducting the minor daughter of the informant namely Kumari Beauty Rani by the son of the petitioners namely Gaurav Kumar when the petitioners alleged to have facilitated in commission of the offence.

It is submitted by learned counsel for the petitioners that victim girl in her 164 Cr.P.C statement got her age recorded as 19 years when Court assessed as 17 years though as per medical report the victim's age has been assessed between 17-19 years. The victim girl has stated that she of her own married with Gaurav Kumar and expressed her willingness to stay with Gaurav Kumar. It is further submitted

Patna High Court Cr.Misc. No.25052 of 2016 (2) dt.28-06-2016 2/2 that petitioners have been roped in the present case simply because they happen to be the parents of Gaurav Kumar. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the 164 Cr.P.C statement of the victim girl, 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 Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Alam-Nagar P.S. Case No. 42 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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