Rekha Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42478 of 2015 Arising Out of PS.Case No. -62 Year- 2015 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ======================================================
1. Rekha Devi Wife of Shambhoo Kamti
2. Ram Dulari Devi @ Bimla Devi, Wife of Batohi Kamti
3. Ratan Devi @ Ratani Devi, Wife of Shiv Kamti
4. Rekha Devi Wife of Hare Ram Kamti. All Nos 1 to 4 are Residents of village- Hirni P.S.- Kusheshwar Asthan, District- Darbhanga .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Prasad, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh-I(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-02-2016 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State. Petitioners apprehend their arrest in connection with Kusheshwar Asthan P.S. Case No. 62 of 2015, G.R. No. 149 of 2015 for the offence punishable under Sections 363, 366, 366A/34 of the Indian Penal Code.
As per the prosecution case, on 22.02.2015 at about 4:00 P.M., daughter of the informant had gone for call of nature, but she did not return. During search, informant came to know from one Krishna Choudhary that his daughter has been kidnapped by the accused persons and sent with Rahul
Patna High Court Cr.Misc. No.42478 of 2015 (5) dt.03-02-2016 2/3 Kamti on Auto of Laxman Kamti. It is further alleged that accused persons may sell his daughter or compel her for marriage with accused Rahul Kamti.
It has been submitted by the learned counsel for the petitioners that all the petitioners have clean antecedent. Petitioner no.1 is the mother, petitioner no.2 is grandmother, petitioner nos. 3 and 4 are aunt of the accused, Rahul Kamti. It has further been submitted by the counsel for the petitioners that statement under Section 164 Cr.P.C. of the victim girl recorded by the Magistrate indicates that the victim girl had gone with the accused Rahul Kamti out of her own sweet will. Learned counsel for the informant, however, points out that victim girl, Gauri Kumari is a minor and student of Class IX.
Be that as it may, since these petitioners are neither directly involved in the offence nor there is any over act alleged against them, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Biraul,
Patna High Court Cr.Misc. No.42478 of 2015 (5) dt.03-02-2016 3/3 Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 62 of 2015/ G.R. No. 149 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Nilu Agrawal, J.) Arjun/- U T