Siya Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40307 of 2016 Arising Out of PS.Case No. -126 Year- 2016 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Siya Devi wife of Kailash Mahto
2. Rakesh Mahto @ Rakesh Kumar son of Prem Mahto
3. Indrashan Devi wife of Prem Mahto
4. Kailash Mahto
5. Daroga Mahto
6. Vijay Mahto
7. Prem Mahto, all sons of Late Muneshwar Mahto
8. Mintu Mahto, son of Kailash Mahto. All residents of village - Pachpakari tola Hirapatti, P.S. - Dhaka, District - East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-10-2016 Heard learned counsel for the petitioners, learned APP for the State and learned counsel appearing on behalf of the informant.
Petitioners apprehend arrest in connection with Dhaka P.S. Case No. 126/16 for offences alleged under Sections 363, 366 of the Indian Penal Code.
Allegation is that all the petitioners forcibly kidnapped the daughter of the informant with intention to marry her with petitioner no. 2.
In pursuance to the order dated 29.09.2016
Patna High Court Cr.Misc. No.40307 of 2016 (3) dt.19-10-2016 2/3 petitioner no. 2 Rakesh Mahto @ Rakesh Kumar and the victim girl Tetari Kumari have appeared personally in Chambers. Father of petitioner no. 2 and father of Tetari Kumari have also appeared in person before me voluntarily. I have talked with both petitioner no. 2 and Tetari Kumari, who state that since they are married and are living a happy married life with each other. Father of petitioner no. 2 and father of Tetari Kumari have also been asked by me as to whether they are happy with this marriage alliance; their answer is in the affirmative, in fact, father of Tetari Kumari states that he is no longer willing to pursue this matter.
Be that as it may, since both the parties are agreeable and happy with the marriage alliance, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of eight weeks from today, be released 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 Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, in connection with Dhaka P.S. Case No. 126/16, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Since father of Tetari Kumari is willing to withdraw the case as now he has no grievance and that the present
Patna High Court Cr.Misc. No.40307 of 2016 (3) dt.19-10-2016 3/3 case has been lodged on some misconception, it is directed that petitioner no.2, Tetari Kumari, father of petitioner no. 2 and father of Tetari Kumari will appear before the court of Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, in connection with Dhaka P.S. Case No. 126/16, which will be permitted to be withdrawn by the informant.
Application stands disposed of.
(Nilu Agrawal, J.) Rajesh/- U T