Pinki Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25912 of 2016 Arising Out of PS.Case No. -109 Year- 2015 Thana -BARAULI District- GOPALGANJ ======================================================

1. Pinki Kumari, Daughter of Bhola Ram

2. Khusabu Kumari, Daughter of Bhola Ram

3. Lakhpati Devi, Wife of Bhola Ram

4. Bhola Ram, Son of Kishori Ram All Resident of Village- Subhani Tola, P.S.- Barauli, District Gopalganj. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Satyavrat Verma, Advocate For the Opposite Party : Md. Fahimuddin (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-09-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Barauli P.S. Case No. 109 of 2015 registered for the offences punishable under Sections 366A, 34 of the Indian Penal Code.

Case diary was called for, which has since been received.

Having heard the learned counsel for the petitioners and learned counsel appearing on behalf of the State it appears that the victim girl in her statement under Section 161 of the Cr.P.C has given altogether different version as has been made in the FIR.

Patna High Court Cr.Misc. No.25912 of 2016 (3) dt.01-09-2016 2/2 It is also not clear as to what was the role of Bhola Ram and it is highly improbable that the other three women had taken her away at the point of dagger.

Having considered the aforesaid facts and there being a distinct cloud on the prosecution story, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Barauli P.S. Case No. 109 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J.) ravi/- U T