Rambha Devi @ Rambha Kumari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4824 of 2018 Arising Out of PS. Case No.-128 Year-2017 Thana- CHAKAMHESI District- Samastipur ======================================================
1. Rambha Devi @ Rambha Kumari, Wife of Krishan Deo Sharan,
2. Krishnadeo Sharan, Son of Late Baldeo Sharan,
3. Narendra Kumar @ Narendra Kumar Sah @ Santosh Kumar Sah, Son of Krishan Deo Sharan,
4. Hari Om Sharan, Son of Krishan Deo Sharan, All are resident of Village- Shiv Nagar, Mali Nagar, Kalyanpur, P.S.- Chak Maheshi, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra For the Opposite Party/s :
Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Chakmahesi P.S. Case No. 128 of 2017 instituted for the offence under Sections 363,364,366A,120B of the IPC.
Counsel for the petitioners has submitted that as per Adhar Card the age of victim girl is 19 years. The informant has stated that her daughter is aged about 15 years. It has been further submitted that victim girl has love affair with Dindayal Rajnish. She has performed marriage with him in support of which marriage certificate has been enclosed as Annexure-4 to this petition. It has been further submitted that
Patna High Court Cr.Misc. No.4824 of 2018(4) dt.28-02-2018 2/3 the victim girl has filed petition before learned Sessions Judge during hearing of the bail petition that she has married with Dindayal Rajnish and the present petitioners are family members of Dindayal Rajnish.
Learned counsel for the informant appeared and submitted that victim girl is still traceless. But from Annexure2, 3, and 4 of case-diary, it appears that there is no specific role of these petitioners in the aforesaid kidnapping. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Chakmahesi P.S. Case No. 128 of 2017 to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Samastipur, subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates
Patna High Court Cr.Misc. No.4824 of 2018(4) dt.28-02-2018 3/3 without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) khushbu/- U T