Punam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31565 of 2019 Arising Out of PS. Case No.-4 Year-2019 Thana- BIKRAM District- Patna ====================================================== 1.
PUNAM DEVI Wife of Nand Kishore Ram Resident of Village - Mozakka, P.S. - Bikram, District - Patna.
2.
Dina Nath Ram Son of Sadri Ram Resident of Village - Mozakka, P.S. - Bikram, District - Patna.
3.
Rajnish Kumar Son of Late Harendra Ram Resident of Village - Mozakka, P.S. - Bikram, District - Patna.
4.
Chanchal Kumari Daughter of Deochandra Ram Resident of Village - Mozakka, P.S. - Bikram, District - Patna.
5.
Sunita Devi Wife of Deochandra Ram Resident of Village - Mozakka, P.S. - Bikram, District - Patna.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Shakil Ahmad Khan For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-05-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Bikram P.S. Case No. 04 of 2019 for the offence punishable under Sections 363 and 365 of the Indian Penal Code. It is alleged that the victim had been kidnapped by co-accused Aman Kumar, who was subsequently recovered and her statement was recorded under Section 164 of the Cr.P.C., copy of which has been brought on record by way of Annexure2 to this application. In her statement under Section 164 of the Cr.P.C., the victim disclosed the names of these petitioners, who
Patna High Court CR. MISC. No.31565 of 2019(3) dt.14-05-2019 2/3 are family members of the main accused Aman Kumar, to be responsible for sending her away to Mumbai.
Learned counsel appearing on behalf of the petitioners has submitted that another First Information Report has been filed again under the same provisions of the Indian Penal Code, giving rise to Bikram P.S. Case No. 39 of 2019. Again, the victim's statement has been recorded under Section 164 of the Cr.P.C. in Bikram P.S. Case No.39 of 2019, in which the said victim has stated that she had eloped with the main accused Aman Kumar out of her own volition. A certified copy of the statement of the victim recorded under Section 164 of the Cr.P.C. in Bikram P.S. Case No. 39 of 2019 has been produced by learned counsel appearing on behalf of the petitioners, which has been taken on record.
Considering the above submission, this application is allowed.
Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-6th, Danapur, in Bikram P.S. Case No. 04 of 2019, subject to the
Patna High Court CR. MISC. No.31565 of 2019(3) dt.14-05-2019 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T