Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37861 of 2022 Arising Out of PS. Case No.-476 Year-2020 Thana- BARH District- Patna ====================================================== 1.

USHA DEVI W/O DAYANAND YADAV Resident of Village- Budhnichak, P.S.- Barh, District- Patna.

2.

KANTI DEVI W/O LATE SURESH YADAV Resident of VillageBudhnichak, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surya Swetabh, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 366(A) and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are women and the informant alleges that his minor daughter aged about 17 years was kidnapped by mother and grand-mother of Rahul for the purpose of marriage.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is

Patna High Court CR. MISC. No.37861 of 2022(2) dt.02-12-2022 2/3 next submitted that they themselves are not aware about the whereabouts of Rahul and the victim, it is next submitted that they have been implicated only with a view to coerce Rahul into submission, so that he brings back the girl, the learned counsel for the petitioners further submits that the manner in which the occurrence is alleged to have taken place, does not inspire confidence that petitioners were involved in the occurrence. Learned counsel for the petitioners fairly submits that as per his instruction the girl till date has not come back, but then the mother and grand-mother of Rahul were not involved in the occurrence. The learned counsel for the petitioners next submits that the petitioners will not evade the law rather would co-operate in the investigation and will present themselves as and when required by the Investigating Officer. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.37861 of 2022(2) dt.02-12-2022 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barh P.S. Case No. 476 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioners despite giving an undertaking before this Court that they will cooperate in the investigation and will present themselves as and when required, are not cooperating in the investigation or are not appearing when called, the learned trial court after giving an opportunity of hearing to the petitioners shall pass orders in accordance with law and shall also have the liberty to cancel the bail bonds of the petitioners.

The learned trial court is directed to send a copy of this order to the concerned Police Station.

(Satyavrat Verma, J) Shivam/- U T