Sushila Devi @ Sushula Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.51740 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51740 of 2016 Arising Out of PS.Case No. -203 Year- 2015 Thana -RAJPUR District- BUXAR ======================================================

1. Sushila Devi @ Sushula Devi W/o Bhim Singh

2. Sunil Singh S/o Bhim Singh

3. Dindayal Singh S/o Musafir Singh All resident of village - Saithu, P.S. Rajpur, District - Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This is an application for grant of anticipatory bail for the offences punishable under Sections 366(A) and 34 of the Indian Penal Code.

Petitioners are named in the FIR and allegation is that the son of the petitioner no. 1 had eloped with the daughter of the informant from the house.

It has been submitted on behalf of the petitioner that allegation is false from the fact that earlier the informant had filed similar type of case in the year 2015 being Rajpur P.S. Case No. 143 of 2015 and in that case statement of victim girl was recorded

Patna High Court Cr.Misc. No.51740 of 2016 (2) dt.20-12-2016 which is annexed as Annexure 2 to this petition and that statement clearly shows that she had married with Nitish Kumar. Thereafter again the present case has been filed making same allegation in which the son of the petitioner no. 1 has already been enlarged on regular bail by the learned Sessions Judge.

In view of the submissions advanced on behalf of the petitioners and from perusal of Annexure 2, 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.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No. 203 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure also they will cooperate in the investigation and in the trial also they will available as and when required by the police.

(Vinod Kumar Sinha, J) Prakash/- U T