Sheela Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32248 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -BAUNSI District- BANKA ======================================================

1. Sheela Devi W/o of Ambo Yadav @ Ammo Yadav

2. Ambo Yadav @ Ammo Yadav S/o Late Badri Manjhi Both are resident of village-Bhandari, P.S.- Bounsi, District-Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-08-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bounsi Police Station Case No. 03 of 2016, disclosing offences under Sections 364/364A of the Indian Penal Code.

The complaint petition, filed by the brother of the victim, is the basis for registration of the present First Information Report. The petitioners are mother-in-law and father-in-law of the victim.

It is alleged in the First Information Report that the husband and wife used to quarrel for non-fulfillment of demand of dowry. The victim is missing since September,

Patna High Court Cr.Misc. No.32248 of 2016 (2) dt.26-08-2016 2/3 2015.

Learned Counsel appearing on behalf of the petitioners has submitted that the victim was mentally retarded and she was in the habit of moving from one place to another without any purpose because of her mental condition. He has further submitted that there is no reason why the petitioner would indulge in disappearance of the victim.

Considering the submission, as above, this application is allowed.

Let the petitioners, namely, Sheela Devi and Ambo Yadav @ Ammo Yadav, in the event of their arrest or surrender before the Court below within six weeks, be released 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 learned Chief Judicial Magistrate, Banka, in connection with Bounsi Police Station Case No. 03 of 2016, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds

Patna High Court Cr.Misc. No.32248 of 2016 (2) dt.26-08-2016 3/3 shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √