Patna High CourtCR. MISC./54723/2015bail granted

Phuliya Devi And ANR v. The State Of Bihar

2015-12-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54723 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -ANDHRAMATH District- MADHUBANI ======================================================

1. Phuliya Devi wife of Isho Lal Paswan,

2. Bidya Nand Paswan Son of Isho Lal Paswan both resident of Village Jaipatti, P.S. Ghogardiha, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Arvind Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-12-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363, 366, 34 of the Indian Penal Code.

The accusation is kidnapping the wife of the informant by petitioner No. 2 who found missing along with cash of Rs. 35,000/- and jewellary.

It is submitted by learned counsel for the petitioners that in 164 Cr.P.C statement the victim got her age recorded as 21 years when Court assessed as 19 years, though as per medical opinion she has been found 18 years, where she stated that she of her own married with petitioner No. 2 Durganand Paswan. The petitioner No. 1 happens to be the mother of petitioner No. 1 Durganand Paswan.

Considering the 164 Cr.P.C statement of the victim, let the petitioners, above named, in the event of their

Patna High Court Cr.Misc. No.54723 of 2015 (2) dt.03-12-2015 2/2 arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory 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 Judicial Magistrate, 1st Class, Madhubani in connection with Andhramath P.S. Case No. 17 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T