Nitu Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16714 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -FATEHPUR District- GAYA ======================================================
1. Nitu Devi, wife of Santosh Paswan
2. Chandrawati Devi @ Chanwarti Devi, wife of Bhawani Paswan
3. Bhawani Paswan, son of late Shivgati Paswan
4. Santosh Paswan, son of Bhawani Paswan
5. Sunita Devi, wife of Diamond Paswan .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-04-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 366A, 341, 323, 504 and 34 of the Indian Penal Code.
Accusation is of kidnapping the minor daughter of the informant namely Khusboo Kumari.
It is submitted by learned counsel for the petitioners that the victim in her statement recorded under section 164 Cr.P.C. got her age recorded as 19 years when the learned Court below assessed her age as 18 years wherein she has stated that she was not kidnapped rather she of her own went to the house of Hiralal @ Diamond Paswan, with whom she has relationship
Patna High Court Cr.Misc. No.16714 of 2016 (2) dt.19-04-2016 2/2 from before. The victim has not named the petitioners in 164 Cr.P.C. statement. The petitioners have been roped in the present case simply because they happen to be the relative of Hiralal @ Diamond Paswan.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM, Xth, Gaya, in connection with Fatehpur P.S. Case No.29/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T