Soni Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.55470 of 2016 (3) dt.19-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55470 of 2016 Arising Out of PS.Case No. -154 Year- 2016 Thana -SABAUR District- BHAGALPUR ======================================================

1. Soni Devi D/o- Samdeo Mandal

2. Sulekha Devi, D/o- Samdeo Mandal

3. Indra Devi W/O Samdeo Mandal.

4. Samdeo Mandal Son of late Nimchee Mandal Both 3 & 4 are resident of Village- Mamalkha, P.S. Sabour, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners are apprehending their arrest in connection with Sabour P.S. Case No.154 of 2016 registered for the offence punishable under Sections 323, 341, 366A, 504 and 34 of the Indian Penal Code.

3.

Accusation is of abduction of daughter of the complainant.

4.

Learned counsel for the petitioners has submitted that there is general omnibus allegation against these petitioners. There was love affair between the victim and Ranjan Mandal. In fact, the victim girl herself solemnized her marriage with Ranjan Mandal. These

Patna High Court Cr.Misc. No.55470 of 2016 (3) dt.19-01-2017 petitioners have no concern with any individual affairs. Moreover, petitioner Nos. 1 and 2 are married woman and they live in their sasural. The victim, in her statement recorded under Section 164 Cr.P.C. has not disclosed the names of these petitioners, therefore, these petitioner do not come under the purview of Section 366(A) of the Indian Penal Code.

5.

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 a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Ten Thousand rupees only) each with two sureties of the like amount each to the satisfaction of A.C.J.M-Xth, Bhagalpur in connection with Sabour P.S. Case No. 154 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T