Arati Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40762 of 2017 Arising Out of PS.Case No. -66 Year- 2017 Thana -HATHAURI District- MUZAFFARPUR ======================================================

1. Arati Kumari, daughter of Kamal Mahto @ Kamlesh Mahto,

2. Kamal Mahto @ Kamlesh Mahto, son of Lal Babu Mahto,

3. Usha Devi, wife of Kamal Mahto @ Kamlesh Mahto All resident of Village- Narama, P.S.- Hathauri, DistrictMuzaffarpur. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioner/s : Mr. Surendra Kumar Singh, Adv. Mr. Ganesh Prasad Singh, Adv.

For the Informant : Mr. Sunil Kumar, Adv. For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. In this case, the petitioners are seeking anticipatory bail in connection with Hathauri P.S. Case No.66 of 2017, registered for the offence punishable under Sections 363 and 366/34 of the Indian Penal Code.

The petitioner no.1 is the friend of Rupam Kumari, whereas the petitioner nos. 2 and 3 are the father and mother of petitioner no.1. Allegation has been made that Rupam Kumari, daughter of the informant, has gone to the house of the petitioners, but did not return. Apprehension has been made by

Patna High Court Cr.Misc. No.40762 of 2017 (2) dt.21-09-2017 2/2 the informant that Dharmendra Kumar, who is the relative of the petitioners, has taken away his daughter and the petitioners have assisted him in taking away the daughter of the informant. Learned counsel for the petitioners submits that Dharmendra Kumar happens to be the relative of the petitioners. He further submits that the petitioner No.1 is a married lady and from the F.I.R. it dos not reflect that the petitioners have committed any offence.

Looking to the aforesaid facts, let the above-named petitioners, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Assistant Chief Judicial Magistrate-cum-Sub Judge-10th, Muzaffarpur, in connection with Hathauri P.S. Case No.66 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) pawan/- U T