Sumitra Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15556 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -BAHADURGANJ District- KISANGANJ ======================================================

1. Sumitra Devi W/o Laxman Mandal,

2. Sanjay Mandal, S/o Laxman Mandal, Both resident of Harwadnga, P.S. - Digalbank & District - Kishanganj.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Diwakar Sinha, Advocate For the Opposite Party : Mr. Anil Kr. Singh No.1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Bahadurganj P.S. Case No.01 of 2016 for the offence instituted under Section 366A/34 of the Indian Penal Code.

The prosecution case, in brief, is that on 29.12.2015 at about 7 a.m., the informant's 13 years old daughter Jyoti Kumari went coaching for tuition where his son Rohit Kumar also studied. His son informed on mobile that Jyoti Kumari has not reached coaching institute on which informant along with his family member starting mostly searched but she could not be located.

Patna High Court Cr.Misc. No.15556 of 2016 (2) dt.03-05-2016 2/2 It is submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The victim girl has been examined under Section 164 Cr.P.C. She has stated that she had gone on her own will with Ganesh Kumar and she has further admitted that she has already married the said Ganesh Kumar and wants to live with him. No allegation has been made against the petitioners in her statement.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, the statement made by the victim girl under Section 164 Cr.P.C., let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj, in connection with Bahadurganj P.S. Case No.01 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) N.H./- U T