Sudha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27735 of 2020 Arising Out of PS. Case No.-562 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== 1.

Sudha Devi W/O Subhash Mishra 2.

Abhimit Kumar Mishra S/O Subhash Mishra R/o Village - Khairatiya, P.S. - Manuapul, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-02-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

Minor daughter of the informant is said to be kidnapped by co-accused Atul Kumar Mishra and the petitioners who are mother and brother of Atul Kumar Mishra. After this FIR, a subsequent case was lodged with identical allegation vide Jogapatti P.S. Case No.453 of 2019 on 21.12.2020. In that case the victim stated before the Court that she had voluntarily married with Atul Kumar Mishra and she wants to go to her husband.

Patna High Court CR. MISC. No.27735 of 2020(5) dt.09-02-2021 2/2 Since the victim was a minor she was sent to Remand Home. Apparently, no allegation is there against the petitioner.

Hence, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bettiah (Muffasil) Manuapul Police Station Case No. 562 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T