Mita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47873 of 2018 Arising Out of PS.Case No. -197 Year- 2018 Thana -BUDDHACOLONY District- PATNA ======================================================

1. Mita Devi, W/o Sri Bhola Kumar Yadav,

2. Bhola Kumar Yadav S/o Late Ramprit Singh Yadav, Both Residents of Yadav Lane, Musallahpur Hat P.S.- Kadamkuan, District- Patna. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Abinash Kumar For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Buddha Colony P.S.Case No. 197 of 2018 registered for the offences punishable under Sections 420, 313, 467, 468, 504, 506 and 34 of the Indian Penal Code.

Allegation as per FIR is that one co-accused has made relationship with the informant and got her divorce from her husband having physical relationship with her, due to which she became pregnant and thereafter she requested for marriage but they refused to marry. It appears that petitioners are father and mother of the said co-accused.

Submission of learned counsel for the petitioners is that the main allegation is against son of the petitioners and not against them and they have falsely been implicated in this case.

Patna High Court Cr.Misc. No.47873 of 2018 (2) dt.21-08-2018 2/2 Heard learned APP and learned counsel for the informant. They have opposed the prayer for anticipatory bail stating that in conspiracy with their son they have got the lady divorced and due to physical relationship of their son she became pregnant.

Having heard both sides and in the facts and circumstances and in view of the fact that petitioners are father and mother of the main accused, let the petitioners, named above, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sri Rajesh Prasad Gupta, Additional Chief Judicial Magistrate-cum-Sub Judge XVI, Patna, in connection with Buddha Colony P.S.Case No. 197 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U