Rekha Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.8311 of 2018 (2) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8311 of 2018 Arising Out of PS.Case No. -294 Year- 2017 Thana -PATRAKARNAGAR District- PATNA ======================================================

1. Rekha Devi, Wife of Gopal @ Gopal Singh

2. Gopal Singh @ Gopal, Son of Late Yadunath Singh,

3. Ravi Singh @ Ravi, Son of Gopal Singh @ Gopal, All are resident of Village- Govind Chak, P.S.- Sonpur, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Kumar Rajeev, Adv. For the Opposite Party/s : Mr. Sri Khurshid Anwar, A.P.P For the Informant : Mr. Deepak Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-02-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Patrakar Nagar Police Station Case No. 294 of 2017, disclosing offences under Section 366A of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against the petitioners and no specific overt act is attributed to them. In fact, the victim girl has not been abducted by the petitioners rather the victim herself went out of her house and get married with Rahul Singh, who is son of petitioner Nos.1 and 2 and brother of petitioner

Patna High Court Cr.Misc. No.8311 of 2018 (2) dt.17-02-2018 No.3., marriage certificate is annexed at annexure-2. Therefore no case under Section 366A of the Indian Penal Code is made out against the petitioners. Hence, the petitioners deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, 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 Sub-Judge-X- cum- Additional Chief Judicial Magistrate, Patna, in connection with Patrakar Nagar Police Station Case No. 294 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T