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Patna High CourtCR. MISC./33059/2018allowed

Sripati Devi And ANR v. The State Of Bihar

2018-06-07Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33059 of 2018 Arising Out of PS. Case No.-132 Year-2017 Thana- KANHAULI District- Sitamarhi ======================================================

1. Sripati Devi wife of Aklu Mahto

2. Sunil Kumar son of Aklu Mahto, both resident of village Itharwa P.S. Kanahauli, Simarhi ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-06-2018 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in connection with Kanahauli P.S. Case No. 132 of 2017 registered for the offence punishable under sections 363, 366A/34 of the Indian Penal Code and sections 7, 17 and 18 of the POCSO Act. Learned counsel appearing for the petitioners submits that petitioners have been implicated in this case merely because they are mother and brother of co-accused Anil Kumar. The victim, in her statement under section 164 Cr.P.C., has not supported the prosecution case and has stated that she was not kidnapped by any one. Petitioners have no criminal antecedent. Considering the facts and circumstances of the case

Patna High Court Cr.Misc. No.33059 of 2018(2) dt.07-06-2018 2/2 and the submissions advanced on behalf of the parties, let the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge, POCSO, Sitamarhi in connection with Kanahauli P.S. Case No. 132 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T