Smt. Sumitra Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13556 of 2018 Arising Out of PS.Case No. -329 Year- 2017 Thana -PATLIPUTRA District- PATNA ======================================================
1. Smt. Sumitra Devi, W/o Sri Ramlal Mukhiya,
2. Sri Ramlal Mukhiya, S/o Late Basu Mukhiya, Both resident of VillageBazitpur, P.S.- Bariyarpur, District- Muzaffarpur (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Dubey For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Patliputra P.S.Case no.329 of 2017, G.R.No.6382 of 2017 , registered for offences punishable under Section 366 of the Indian Penal Code.
The case is for kidnapping the minor daughter of the informant and the petitioners are said to be parents of the boy against whom there is allegation of kidnapping. Submission of the learned counsel for the petitioners is that statement of the girl has been recoded by the Magistrate under Section 164 Cr.P.C. and she has not supported the prosecution case and still she is residing with the petitioners. Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.13556 of 2018 (2) dt.06-04-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Sri Ratneshwar Kumar Singh, Sub Judge-XII-cum-A.C.J.M., Patna in connection with Patliputra P.S.Case no.329 of 2017 dated 30.10.2017, subject to condition as laid down under Section 438
(2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T