Sunita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65994 of 2018 Arising Out of PS. Case No.-167 Year-2018 Thana- THAWE District- Gopalganj ======================================================

1. Sunita Devi, Wife of Gautam Ram

2. Mina Devi, Wife of Kamleshwar Ram Both Residents of Village-Ramchandrapur, P.S. Thawe, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogendra Prasad Sinha, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-12-2018 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Thawe P.S. Case No.167 of 2018 for allegedly having committed the offences under Section 366A/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that though they have been named in the FIR, they have no role in the kidnapping of the girl for the purposes of marriage. It is further submitted that the victim girl on her recovery has not taken the name of these petitioners as finds recorded in paragraph 54 of the case diary, which has been duly noted by the 1st Additional Sessions Judge, Gopalganj, in his order

Patna High Court Cr.Misc. No.65994 of 2018(2) dt.19-12-2018 2/2 dated 15.09.2018. It is thus submitted that the petitioners may be extended the privilege of anticipatory bail. Considering the aforementioned facts and circumstances and that the role of the present petitioners has been ruled out by the victim girl herself in her statement made under Section 164 of the Cr.P.C., let 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, be released on bailon furnishing bail bonds ofRs10,000/- (Ten thousand)each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, in connection with Thawe P.S. Case No.167 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T