Sheela Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52072 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- AURAI District- Muzaffarpur ====================================================== 1.

SHEELA DEVI Wife of Chandra Deo Raut 2.

Chandra Deo Raut Son of Bhola Raut 3.

Rajiv Raut Son of Chandra Deo Raut All are resident of Village - Ratwara Bindwara, P.S.- Aurai, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shishir Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-08-2019 Heard both sides.

The petitioners apprehend their arrest in Aurai P.S. Case No.17 of 2019 registered under Sections 363, 366A and 34 of the Indian Penal Code.

The informant disclosed that his minor daughter had gone to ease out but she did not return. On 08.01.2019, the informant came to know that Ratish Raut, Rajiv Raut(petitioner No.3), Sheela Devi(petitioner No.1), Guddu Sah, Vijay Sah, Chandradeo Raut(petitioner No.2) kidnapped his daughter and kept in Azamgarh.

The learned counsel for the petitioners submits that the victim was recovered and she made her statement under Section 164 Cr.P.C. Learned Sessions Judge in his order wrote that the victim did not name the petitioners. Even then the learned Sessions Judge rejected the prayer for anticipatory bail of the petitioners. The victim disclosed that Brajbhushan and

Patna High Court CR. MISC. No.52072 of 2019(2) dt.21-08-2019 2/2 one unknown kidnapped her and Ratish also accompanied them and took her to the house of her Bua. Vijay Kumar, Guddu Kumar, Lalbabu Rai, Bhikhari Mandal also helped Ratish Raut. It appears that petitioners are father, mother and brother of Ratish Raut and the victim did not disclose the name of the petitioners as her kidnappers. The victim made allegation of her kidnapping against Brajbhushan, Ratish and others. Taking into consideration the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. XII-cum-Sub Judge, Muzaffarpur in connection with Aurai P.S. Case No.17 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T