Meena Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16197 of 2017 Arising Out of PS.Case No. -147 Year- 2016 Thana -MANSI District- KHAGARIA ======================================================

1. Meena Devi W/o Wakil Singh

2. Janardan Kumar Son of Wakil Singh Both Resident of Village+ PostThatha, P.S.- Mansi, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-07-2017 Heard both sides.

The petitioners apprehend their arrest in Mansi P.S. Case No. 147/2016, registered for the offences punishable under Sections 364, 34 of the Indian Penal Code.

The informant alleged that petitioner no. 1 Meena Devi came to his cattle shed and complained that his daughter Anjali Kumari plucked Guava from her Bathan. When the informant enquired about her daughter, the petitioner is said to have disclosed that she slapped her and later on, petitioner no. 2 Janardan Kumar came there and took his mother petitioner no. 1 Meena Devi. It is alleged that petitioners might have kidnapped his daughter. The daughter of the informant is still traceless.

Patna High Court Cr.Misc. No.16197 of 2017 (3) dt.04-07-2017 2/2 Learned counsel for the petitioners submits that the occurrence took place on 03.08.2016, but the F.I.R. was lodged on 06.08.2016. The daughter of the informant plucked Guava and petitioner no. 1 slapped her, thereafter, petitioner no. 1 came and complained the informant. The girl herself fled away. There is no material to show that the petitioners ever kidnapped the victim. Till date the Investigating Officer has not collected any material.

Considering the facts aforesaid and the fact that there is no material to show that the petitioners kidnapped the daughter of the informant, 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 bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 147/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.)