Mansarba Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47381 of 2015 Arising Out of PS.Case No. -84 Year- 2010 Thana -JHAJHA District- JAMUI ======================================================
1. Mansarba Devi wife of Kishu Yadav
2. Sakuntala Devi wife of Shankar yadav Both resident of Village KhairanP.s Jhajha,Dist Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. Abhay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 15-10-2015 The petitioners, who are ladies, apprehend their arrest in relation to Jhajha P.S. Case No. 84/2010, instituted under sections 364/34 of the Indian Penal Code.
The basic allegation is that the informant's son along with another boy of the village had been taken away by the husband of petitioner no.2. The informant's son along with the another boy had been sent to Bangalore to earn livelihood. The another boy returned, but the son of the informant did not return . When enquiries were made, it is alleged that a demand of Rs.1,00000/-(one lakh) was made to ensure return of his son. The learned Sessions Judge in paragraph no. 6 of the order has noted that in the case diary it has come on record that both the children
Patna High Court Cr.Misc. No.47381 of 2015 (2) dt.15-10-2015 2/2 were returning from Bangalore, and there was ticket checking at Patna Station in which the informant's son ran away and has been traceless since then. He was illiterate and dumb. It is submitted that this is clearly not a case under section 364 of the Indian Penal Code.
Be that as it may, I direct that in the event of arrest or surrender in the court below within four weeks, the above named petitioners shall be enlarged on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Jamui, in connection with Jhajha P.S. Case No. 84/2010, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Navaniti Prasad Singh, J) B.K.Roy/- U