Urmila Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4520 of 2017 Arising Out of PS.Case No. -126 Year- 2016 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Urmila Devi, Wife of Gajodhar Mehta @ Gajo Mehta,

2. Bipin Kumar, Son of Gajodhar Mehta @ Gajo Mehta, Resident of Village- Gadahiya, Lakhanpur Tola, Police Station- Bhawanipur (Baliya), District- Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Smt. Sharda Kumari,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-03-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in Bhawanipur ( Baliya) P.S. Case No.126/16 for the offence under Sections 364 and 120 (B) of Indian Penal Code. Accusation is that on 15.07.2016 at about 9 A.M. the informant went to field for doing agriculture work leaving her son Golu Kumar aged about 3 years playing at her door and when she returned to her house, she did not find her son. At that time, her son Golu Kumar was playing with one Ravi Kumar, aged about 8-9 years, son of Gajodhar Mehta. In course of search, the informant interrogated Ravi Kumar about her son but he did not give

Patna High Court Cr.Misc. No.4520 of 2017 (2) dt.15-03-2017 2/2 proper reply upon which the informant raised suspicion that Gajodhar Mehta might have kidnapped her son Golu Kumar. Submission is that the petitioners are the wife and the son of Gajodhar Mehta and both are not named in the F.I.R.. In course of investigation suspicion has been raised against the petitioners only on the ground that both the petitioners did not permit the informant to search the house. Except that there is nothing against the petitioners.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sri Lal Bihari Paswan, J.M. 1st Class, Purnea, in Bhawanipur (Baliya) P.S. Case No.126 of 2016, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U