Patna High CourtCR. MISC./46554/2022bail granted

Dayawati Devi v. The State Of Bihar

2023-03-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46554 of 2022 Arising Out of PS. Case No.-108 Year-2020 Thana- KATIHAR NAGAR District- Katihar ====================================================== 1.

DAYAWATI DEVI WIFE OF RAJ KUMAR SHARMA R/O VILLAGEBAULIA, P.S.- MANIHARI, DISTRICT- KATIHAR 2.

TINKU SHARMA SON OF RAJ KUMAR SHARMA R/O VILLAGEBAULIA, P.S.- MANIHARI, DISTRICT- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binit Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-03-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 363, 366, 376, 120(B), 384 of the IPC.

As per the prosecution case, petitioner no. 1, who is mother, and petitioner no. 2 is brother of the main accused Chotu Sharma, played active role in kidnapping and forcible marriage of their son with the alleged victim. It is submitted that specific allegation of kidnapping and commission of harassment is against co-accused Chotu Sharma. Petitioners have been made accused in this case only

Patna High Court CR. MISC. No.46554 of 2022(3) dt.13-03-2023 2/2 because they are family members of the co-accused. It is further submitted that similarly situated co-accused Raj Kumar Sharma, who is the father of the co-accused Chotu Sharma, has already been granted bail by this Hon'ble Court on 3.09.2022 in Criminal Miscellaneous No. 20716 of 2022. Petitioners have got clean antecedent.

Considering the same, in the event of arrest/surrender within six weeks from today, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 7th Addl. District Sessions Judge, Katihar, in connection with Katihar Town P.S. Case No. 108/2020 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) asmit/- U