Rita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29491 of 2015 Arising Out of PS.Case No. -490 Year- 2014 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Rita Devi Wife of Ashish Singh

2. Sheela Devi Wife of Badhisth Singh Both resident of Village - Bhadauns , P.S. - Sheikhpura, District- Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 5.

24-11-2015 Heard both sides.

The petitioners apprehend their arrest in Sheikhpura (Sirari) P.S. Case No. 490/2014, registered for the offences punishable under Sections 363, 364 of the Indian Penal Code. The informant alleged that on 02.09.2014, his son went to school but did not return. He enquired on 03.09.2014 from the school teacher, but the school teacher disclosed that his son did not reach the school. He suspected that the petitioner and others might have kidnapped his son.

It appears that the informant came to know about missing of his son on 03.09.2014 itself, but he filed the case on 16.12.2014 i.e., after three and half months of the occurrence.

Patna High Court Cr.Misc. No.29491 of 2015 (5) dt.24-11-2015 2/2 During the course of investigation none of the witness has found the petitioners in the company of the boy. Save and except suspicion no material is collected. Petitioners are ladies. It is further submitted that the informant has falsely implicated the petitioners on account of land dispute. Having Considered the facts that the petitioners are ladies and save and except suspicion the investigating officer has not collected any tangible material till date, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura (Sirari) P.S. Case No. 490/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T