Kameshwar Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37284 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -DARIYAPUR District- SARAN ======================================================

1. Kameshwar Ram, Son of Late Jagarnath Ram,

2. Pramila Devi, Wife of Kameshwar Ram, Both residents of VillageBela, P.S.- Dariyapur, District- Saran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and the learned APP appearing on behalf of the State. Petitioners apprehend their arrest in connection with Dariyapur P.S. Case No.138 of 2017, registered under Sections 366(A)/34 of the Indian Penal Code.

Allegation in brief is that the informant's 18 years old daughter was kidnapped by the accused persons for marrying with the petitioners' son.

Learned counsel for the petitioners submits that petitioners are father and mother of Nitesh Ram, there is land dispute between both sides and in the statement given by the victim girl, she has not named or alleged any overt act against petitioner no.2 whereas the counsel for the State submits that in

Patna High Court Cr.Misc. No.37284 of 2017 (2) dt.10-08-2017 2 / 2 the statement recorded under Section 164 Cr.P.C., the victim girl has stated about the active participation of petitioner no.1. Having considered the said facts and circumstances, as there is no any specific allegation against petitioner no.2 regarding her involvement by the victim so in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, petitioner no.2, namely, Pramila Devi be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-4th, Saran at Chapra, in connection with Dariyapur P.S. Case No.138 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. So far as prayer for anticipatory bail of petitioner no.1 is concerned, his prayer for anticipatory bail is rejected with a direction that if he surrenders and seeks regular bail, the same shall be considered on merit without being prejudiced by this order.

(Arun Kumar, J.) S.Kumar/- U T