Kiran Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56505 of 2017 Arising Out of PS.Case No. -305 Year- 2017 Thana -KHAGARIA DistrictKHAGARIA =====================================

1. Kiran Devi, Wife of Sunil Paswan

2. Sachin Kumar @ Sachin Kumar Paswan, Son of Sunil Paswan Both residents of Village - Labhgaon, Police Station - Gangour , District - Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Ashlam Ansari =====================================

CORAM:

HONOURABLE MR.

JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2017 Heard both sides.

The petitioners apprehend their arrest in connection with Khagaria (Gangour) P.S. Case No. 305 of 2017, registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.56505 of 2017 (2) dt.13-12-2017 2/3 The mother of the victim named the petitioners and one Sunil Paswan and alleged that they all kidnapped her daughter for the purpose of marriage.

Learned counsel for the petitioners submits that the informant is not an eye-witness to the occurrence. Petitioner No. 1, namely, Kiran Devi, is the mother of petitioner No. 2, namely, Sachin Kumar @ Sachin Kumar Paswan. The victim returned and made her statement recorded under Section 164 of the Code of Criminal Procedure, wherein, the victim disclosed her age to be 19 years and stated that her parents wanted to marry her with an old man and that is why she left her house and performed marriage with petitioner No. 2, namely, Sachin Kumar, with whom she was in love from before. Considering the fact that the victim herself denied the factum of her kidnapping, 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, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court Cr.Misc. No.56505 of 2017 (2) dt.13-12-2017 3/3 Khagaria, in connection with Khagaria (Gangour) P.S. Case No. 305 of 2017, corresponding to G.R. No. 1281 of 2017, subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code. (Prabhat Kumar Jha, J) Praveen-II/- U T