Ritu Priya @ Neha Kumari And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.59178 of 2018 (2) dt.28-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59178 of 2018 Arising Out of PS.Case No. -543 Year- 2013 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Ritu Priya @ Neha Kumari D/o Rajesh Pd. Gupta.

2. Tinku @ Tinku Kumar @ Akshay @ Akshay Kumar, S/o Late Naresh Prasad Both resident of Mohalla- Sabajee Mandi- Durga Mandir, Police StationJakkanpur, District- Patna. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Muzaffarpur Town P. S. case no. 543/2013 registered under sections 384/506/504 of the IPC.

The allegation against the petitioners is that they demanded extortion money from the informant and also threatened the informant. However, learned counsel for the petitioners points out that much prior to institution of present case, petitioner no. 1 had made complaint before Mahila Help Line against the son of informant who sexually abused petitioner no. 1 and in retaliation

Patna High Court Cr.Misc. No.59178 of 2018 (2) dt.28-09-2018 to the aforesaid complaint, informant lodged the present case. Moreover, prior to institution of present case, local S.D.O initiated proceeding under Section 107 of the Cr.P.C at the instance of informant which is evident from the written report of the informant itself.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that the petitioners do not have any criminal antecedent, let the above named petitioners in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Muzaffarpur Town P.S. Case no. 543/2013 subject to condition as laid down under section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) Shahid/AbhijeetU T