Kamini Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43927 of 2016 Arising Out of PS.Case No. -42 Year- 2016 Thana -PARSAUNI District- SITAMARHI =========================================================== Kamini Kumari daughter of Amrendra Ram resident of Village Dhangar Madanpur, Police Station Parsauni, District- Sitamarhi. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 05-10-2016 Heard learned counsel for the parties.
The petitioner seeks pre-arrest bail in Parsauni P.S. Case No. 42 of 2016 dated 26.05.2016 instituted under Sections 363/366A/34 of the Indian Penal Code.
The allegation against the petitioner is that she, along with her family members, forcibly abducted the daughter of the informant.
Learned counsel for the petitioner submits that it is a case of love affair and the girl had eloped with the brother of the petitioner and later they have also married. He draws the attention of this Court
Patna High Court Cr.Misc. No.43927 of 2016 dt.05-10-2016 2/2 to the statement of the victim girl made under Section 164 of the Code of Criminal Procedure, 1973 where she has clearly stated that she had gone with the brother of the petitioner on her own and that she has married him. It is submitted that the petitioner is the unmarried younger sister of Sanjay Ram, who has married the daughter of the informant.
Learned A.P.P. is not in a position to controvert the submissions.
Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in Parsauni P.S. Case No. 42 of 2016, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 06.10.2016 Transmission Date 06.10.2016