Kajal Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40249 of 2014 Arising Out of PS.Case No. -174 Year- 2014 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Kajal Devi, D/o Mahendra Yadav, W/o Bibhishan Yadav, r/v Bhavtiya, P.S. Sour Bazar, district Saharsa.

2. Sudina Devi, w/o Mahendra Yadav, r/v Bhavtiya, P.S. Sour Bazar, District-Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarnath Jha, Adv. For the Opposite Party/s : Mr. Nirmal Kr.Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-05-2015 Heard both sides.

The petitioners apprehend their arrest in Sour Bazar P.S. Case no. 174/14, registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

The informant alleged that the petitioners took his daughter for some work but his daughter did not return. When the informant went in search, he found both the petitioners were near canal with a white colour four wheeler. Later on the informant came to know that Bhavesh Yadav and his father Ramchandra Yadav took his daughter for the purpose of marriage or for any other illegal purposes. Submission is that the informant claimed to be an eyewitness of the occurrence. The occurrence took place on 14.04.2014 but the FIR was lodged on 16.04.2014. Petitioners did not call the daughter

Patna High Court Cr.Misc. No.40249 of 2014 (4) dt.14-05-2015 2/2 of the informant.

On the other hand, learned Additional P.P. vehemently opposed the prayer for bail.

Having considered the facts that the informant himself claimed to be an eye-witness of the occurrence and saw Ramchandra Yadav and others taking his daughter in a four wheeler vehicle, but did not lodge the case immediately thereafter. The case was lodged after two days of the occurrence. Petitioners are ladies, the petitioners above named 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 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 Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No. 174/2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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