Nilam Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14849 of 2017 Arising Out of PS.Case No. -432 Year- 2016 Thana -BAKHTIARPUR District- SAHARSA ======================================================

1. Nilam Devi, wife of Duthar Sharma,

2. Duthar Sharma @ Duthan Sharma @ Dhuthar Sharma, son of Dhogai Sharma,

3. Ram Pravesh Sharma, son of Buchchan Sharma, All Resident of VillageMajhaba Parharpur, O.P.- Balwahat, P.S.- Bakhtiarpur, District- Saharsa (Bihar).

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Anil Kumar Mukund For the Opposite Party/s : Mr. Dr. Kumar Udai Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Bakhtiarpur Balwahat P.S.Case No. 432 of 2016 registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code.

It has been submitted on behalf of the petitioners that there was love affairs between son of petitioner No.2 and daughter of informant and in support thereof an affidavit sworn before Notary Public has been filed. It has further been submitted that petitioners are not the main accused as they are mother, father and maternal uncle of the boy and there is no allegation against them. Heard learned APP also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.14849 of 2017 (2) dt.04-04-2017 2/2 circumstances of the case, let the petitioners, named above, in the event of their arrest or surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sri R. Choubey, Chief Judicial Magistrate, Saharsa, in connection with Bakhtiarpur Balwahat P.S. Case No. 432 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioners shall co-operate in the investigation and make themselves available before the police as and when required and in the event of failure on their part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of their bail bonds and further petitioners will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) spal/- U