Rashila Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8368 of 2016 Arising Out of PS.Case No. -619 Year- 2014 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================
1. Rashila Devi wife of Madan Ram,
2. Ajay Ram son of Madan Ram, all are resident of Village Kutubpur Dumri, P.S.- Sadar, District- Vaishali.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bela Singh, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-04-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Section 366A/34 of the Indian Penal Code registered in connection with Hajipur Sadar P.S. Case No.619 of 2014.
3. It is submitted that the petitioners have been falsely implicated as so-called victim girl, in her deposition under Section 164 Cr.P.C., has stated that she has voluntarily solemnized marriage with co-accused Uday Kumar. After investigation, the police has submitted final form as a mistake of fact.
4. Having regard to the entirety of the facts and
Patna High Court Cr.Misc. No.8368 of 2016 (2) dt.18-04-2016 2/2 circumstances of the case, as such, in the event of the arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali in connection with Hajipur Sadar P.S. Case No.619 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions :- (i) The petitioners shall co-operate with the investigation and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(ii) The petitioners will be well represented on each and every date and if they fail to do so on two consecutive dates, their bail bonds shall be liable to be cancelled by the Court concerned.
(Vikash Jain, J) N.H./- U T