Shakuntala Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51106 of 2018 Arising Out of PS.Case No. -36 Year- 2018 Thana -MAHILA P.S. District- PATNA ======================================================
1. Shakuntala Devi, W/o Late MIthilesh Rai,
2. Anjali Kumari D/o Late Mithilesh Rai,
3. Navin Rai S/o Late Mithilesh Rai,
4. Raushan Rai @ Roshan Kumar S/o Late Mithilesh Rai, All R/o Babudih, Near Vivah Bhavan, P.O.- Polytechnic, P.S. & District- Dhanbad (Jharkhand).
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Patna Mahila P.S.Case No.36 of 2018 , registered for offences punishable under Sections 420, 509/34 of the Indian Penal Code.
Allegation against the petitioners, who happen to be mother, sister and brother of the boy, is that the marriage of the son of the petitioner no.1 was fixed with the daughter of the informant and they have taken Rs.2,65,000/- through bank and they have also taken Rs.03 lac but the marriage could not be solemnized though they have returned Rs.2,65,000/- which were taken through bank but they have not returned Rs.03 lac.
Submission of the learned counsel for the petitioners is that
Patna High Court Cr.Misc. No.51106 of 2018 (2) dt.05-09-2018 2/2 the petitioners are mother, brother and sister of the boy and there is no allegation that they have taken money.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Smt. Priya Shekhar, J.M. 1st class, Patna in connection with Patna Mahila P.S.Case No.36 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T