Basanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29344 of 2020 Arising Out of PS. Case No.-179 Year-2019 Thana- SABAUR District- Bhagalpur ====================================================== 1.

BASANTI DEVI Wife of Suresh Mandal Resident of Village- Mamlakha, P.S.- Sabour, District- Bhagalpur.

2.

Bandana Devi Wife of Arbind Mandal Resident of Village- Mamlakha, P.S.- Sabour, District- Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-12-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Sabaur P.S. Case No. 179 of 2019, registered for the offences punishable under Sections 366A, 34 of the Indian Penal Code. Prosecution case in brief is that on 15.06. 2019, informant's daughter aged about 15 years was kidnapped by the co-accused Pradip Kumar and FIR named accused persons including these petitioners, for the purpose of marriage.

Patna High Court CR. MISC. No.29344 of 2020(2) dt.09-12-2020 2/2 It is submitted that petitioners have been falsely implicated in this case. Petitioner 1 is mother and petitioner no. 2 is Bhabhi of co-accused Pradip Kumar. Moreover, the victim in her statement under Section 164 Cr.P.C has made specific allegation against co-accused Pradip Kumar. These petitioners have been made accused in this case simply because they are family members of Pradip Kumar. Petitioners have got clean antecedent.

In view of the statement of victim girl under Section 164 Cr.P.C, the petitioners above-named, in the event of their arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sabaur P.S. Case No. 179 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T