Nirmala Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27051 of 2017 Arising Out of PS.Case No. -293 Year- 2015 Thana -BARHARA District- PURNIA ======================================================

1. Nirmala Devi, Wife of Triloki Mandal, resident of Village Hanuman Nagar, P.S. Barhara (Raghubansh Nagar), District- Purnia.

2. Vibhash Mandal, Son of Late Bhuwneshwar Mandal.

3. Manki Devi, Wife of Vibhash Mandal, Both resident of Village: Basantpur Chita Mani, P.S. Bhawanipur, District- Purnia. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mrs. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-07-2017 Heard both sides.

The petitioners apprehend their arrest in Barhara P.S. case No. 293 of 2015 under Section 363, 366A of the Indian Penal Code.

The father of the victim alleged that his daughter was sleeping with her mother but she went outside to attend the call of nature and she did not return.

The learned counsel for the petitioners submits that petitioners are not named in the FIR. The names of petitioners figured in the case in the statement of victim recorded under Section 164 of the Cr. P. C. The petitioner is wife of Triloki

Patna High Court Cr.Misc. No.27051 of 2017 (3) dt.21-07-2017 2/2 Mandal and petitioner No.2 and 3 are brother and sister-in-law of petitioner No.1. The victim voluntarily left her house and came to the house of Triloki Mandal, husband of petitioner No.1. She voluntarily accompanied petitioner No.1 to her Naihar. She did not complain any ill treatment at the hands of the petitioners. Considering the facts that petitioners No.1 and 3 are ladies and there is no specific allegation against petitioner No.2, the petitioners, above named, in the event of their arrest or surrender before the learned 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Barhara P.S. case No. 293 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T