Shiv Dulari Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24722 of 2017 Arising Out of PS.Case No. -55 Year- 2014 Thana -AURAI District- MUZAFFARPUR ======================================================

1. Shiv Dulari Devi, wife of Ram Pratap Das,

2. Rangila Devi, wife of Bipat Das, Both resident of Village- Basant Pethiya Tola, P.S.- Aurai, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganesh Prasad Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

13-06-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are seeking Anticipatory Bail in connection with Aurai P.S. Case No. 55 of 2014 for offences registered under Section 366, 366(A), 323, 354, 504 of the Indian Penal Code.

At the outset, learned counsel for the petitioners seeks permission to correct the name of the husband of petitioner no. 1.

Permission is granted. Let the correction be made in course of the day.

Learned counsel for the petitioners would submit that it is a case in which allegations are that the two minors have solemnized inter-religious marriage.

Petitioners are family members of the boy. No specific allegation have been made against these lady members of the family in the F.I.R. and also the girl has not made any specific allegation against these petitioners in her statement

Patna High Court Cr.Misc. No.24722 of 2017 (2) dt.13-06-2017 under Section 164 Cr.P.C.

Learned Additional Public Prosecutor opposed the prayer for bail of the petitioners and submitted that these petitioners were present at the time of solemnization of marriage.

Considering the facts and circumstances of the case particularly that these petitioners are lady members of the family and there is no specific role assigned to them in the First Information Report or in the statement recorded under Section 164 Cr.P.C., I am inclined to grant Anticipatory Bail to these petitioners, in the event of their arrest/surrender before the court below within a period of four weeks, let the petitioners above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned Assistant Chief Judicial Magistrate - cum - Sub-Judge - IV, Muzaffarpur, in connection with Aurai P.S. Case No. 55 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The petitioners shall join investigation immediately and cooperate in the investigation also. (Rajeev Ranjan Prasad, J.) Rajeev/- U