Jetha Marandi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46280 of 2022 Arising Out of PS. Case No.-1710 Year-2019 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== 1.

JETHA MARANDI Son of Sanjala Marandi.

2.

SUNITA HEMBRAM W/o Jetha Marandi, both are Resident of Village - Jhunki, P.s.- Dandkhora, Distt.- Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Helal Ahmad, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-01-2023 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Protest cum Complaint vide C.A. No.1710/2019 instituted under Section 364/34 of the Indian Penal Code. As per the prosecution story, the complainant alleged that her 10 years old daughter was missing and she came to know that the same has been done by the petitioners herein. When she reached the house of the petitioner no.1, he replied that the girl has gone to his relative's house along with his wife. However, he found the frock of his daughter in the Veranda of the petitioners. As she failed to return, the FIR was lodged. The matter is of 2013. The police submitted final form

Patna High Court CR. MISC. No.46280 of 2022(2) dt.03-01-2023 2/2 finally in 2019 and upon protest by the informant, the learned court took up the matter and finally the cognizance was taken on 18.01.2021. As per the information, the victim girl could not be recovered.

Considering the gravity of allegation against the two petitioners herein of kidnapping a ten years old female child in 2013 in which the case has finally seen the light of the day in 2021, this Court is not inclined to grant them any relief and their prayer for anticipatory bail is hereby rejected. In case of their surrender within four weeks from today, the court shall take up the matter and will try to dispose it of at an earliest without being prejudiced by any of the observations made herein.

(Rajiv Roy, J) Prakash Narayan /- U T