Vandana Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9450 of 2015 Arising Out of PS.Case No. -342 Year- 2013 Thana -SARAI RANJAN District- SAMASTIPUR ======================================================
1. Vandana Devi Wife of Vijay Kumar Jha
2. Vijay Kumar Jha Son of Late Ram Kumar Jha .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sujit Kumar Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-04-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 365, 368, 341, 323, 324, 354, 379 and 504/34 of the Indian Penal Code. It is alleged that on 18.11.2013, this petitioner along with others took the cousin sister-in-law (Rukmini Devi) for taking bath in the Ganges river and, thereafter, she did not return. On protest being made the informant was being abused, when her daughter-in-law came to save her she was abused and assaulted by the accused persons. It is alleged that petitioner no.2 assaulted daughter-in-law of the informant with 'farsa' and co-accused Lal Babu Jha took gold chain whereas Bhola Mishra and Nand Kishore Mishra assaulted her by 'lathi' and
Patna High Court Cr.Misc. No.9450 of 2015 (2) dt.20-04-2015 2/2 'danda'.
It is submitted by learned counsel for the petitioners that in the statement before police the victim has denied the accusation of kidnapping, hence no case under section 365 and 368 is made out. There is counter version of the occurrence also. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
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 learned Judicial Magistrate, 1st Class, Samastipur in connection with Sarairanjan (Ghatho) P.S. Case No.342 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T