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Patna High CourtCR. MISC./49591/2023bail granted

Mina Devi v. The State Of Bihar

2023-08-11Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49591 of 2023 Arising Out of PS. Case No.-280 Year-2022 Thana- JANKINAGAR District- Purnia ====================================================== 1.

MINA DEVI WIFE OF SURENDRA YADAV RESIDENT OF VILLAGEMIRCHAIBARI, POLICE STATION- JANKI NAGAR, DISTRICTPURNIA 2.

BOBY KUMARI @ BABY KUMARI DAUGHTER OF BIJENDER YADAV RESIDENT OF VILLAGE- MIRCHAIBARI PS- JANKI NAGAR, DISTT- PURNIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Singh, Adv.

For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-08-2023

2. Heard Mr. Vikram Singh, learned counsel for the petitioners and Ms. Madhuri Lata, learned Additional Public Prosecutor for the State.

3. Petitioners apprehend their arrest in connection with Janki Nagar PS Case No. 280/2022 dated 31.10.2022 registered for the offence punishable under Sections 366(A)/34 of the IPC.

4. As per prosecution case, petitioner no.2 called the minor daughter of the informant at her residence on the pretext of giving prasad where other accused persons were already present. Thereafter, with the help of petitioners

Patna High Court CR. MISC. No.49591 of 2023(2) dt.11-08-2023 2/3 Balgovind Yadav and Raushan Kumar, abducted the daughter of the informant.

5. Learned counsel for the petitioners submits that the the petitioners are neighbours of the informant and they are on visiting terms to each other's home. He further submits that the victim girl was having love affair with Raushan Kumar. The statement of the victim girl under Section 164 CrPC was recorded wherein she has stated that she was called by the petitioners at their residence where Balgovind Yadav and Raushan Kumar forcibly took her in a white Scorpio vehicle and then Raushan Kumar compelled her to solemnize marriage with him.

6. Regards being had to the submissions made by the parties, taking into consideration the fact that the petitioners are ladies and the victim girl in her statement recorded under Section 164 CrPC has disclosed that she was taken in a white Scorpio vehicle by Raushan Kumar and Balgovind Yadav, I am inclined to grant anticipatory bail to the petitioners.

7. Accordingly, let the petitioners, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.49591 of 2023(2) dt.11-08-2023 3/3 amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea in connection with Janki Nagar PS Case No. 280/2022, subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T