Patna High CourtCR. MISC./54378/2016allowed

Sharda Devi And ANR v. The State Of Bihar

2017-01-27Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54378 of 2016 Arising Out of PS.Case No. -139 Year- 2016 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sharda Devi, W/o Shri Tuntun Sharma,

2. Ranjan Sharma, S/o Shri Tuntun Sharma, Both are resident of VillageBarwan, P.O.- Areraj, P.S. Govindganj, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shri Prakash Srivastava For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-01-2017 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend arrest in connection with Paharpur P.S. Case No. 139 of 2016 registered under Sections363 and 366 of the Indian Penal Code. The allegation against the petitioners is of kidnapping the wife of the informant and taking away ornaments and clothes.

Learned counsel for the petitioner submits that the wife of the informant has filed Matrimonial Case No. 296 of 2016 alleging bigamy, cruelty and failure to cohabitation. She also filed an application for dissolution of marriage. In her

Patna High Court Cr.Misc. No.54378 of 2016 (3) dt.27-01-2017 2/2 statement under section 164 Cr.P.C. the victim has stated that she was not kidnapped.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Paharpur P.S. Case No. 139 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Arvind/- U T