Patna High CourtCR. MISC./37746/2017bail granted

Kumari Nilam Devi And ANR v. The State Of Bihar

2017-08-11Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37746 of 2017 Arising Out of PS.Case No. -99 Year- 2013 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Kumari Nilam Devi, W/o Avinash Kaur,

2. Avinash Kaur, Son of Late Raghunandan Das, Both R/o Mohalla- Imadpur, P.S.- Bihar, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 11-08-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Bihar P. S. Case No. 99of 2013 instituted under Sections 366/34of the Indian Penal Code.

The allegation, in brief, is that petitioners were earlier named in the FIR but the police after investigation not submitted chargesheet against them rather against one non-FIR named person made accused and during trial they have been summoned under Section 319 Cr.P.C. and the allegation in the FIR is that the accused persons kidnapped the wife and daughter of the informant.

Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.37746 of 2017 (2) dt.11-08-2017 2/2 police did not find involvement of the petitioners during investigation and the petitioner no. 1 is a Sahayika in Anganbari Centre and was working along with the informant's wife and due to some dispute the informant has falsely implicated her and her husband and they have no criminal antecedent. Having considered the aforesaid facts and circumstances, let the petitioner, namely, Kumari Nilam Devi and Avinash Kaur, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Addl. Sessions Judge, Biharsharif, Nalanda in connection with Bihar P.S.Case No. 99 of 2013; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U