Punam Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62497 of 2017 Arising Out of PS. Case No.-189 Year-2017 Thana- MAHUA District- Vaishali ======================================================

1. Punam Devi D/o Kishori Rai

2. Rakesh Kumar @ Rakesh Rai S/o Kishori Rai

3. Mithilesh Kumar @ Mithilesh Rai S/o Kishori Rai All are resident of village-Pojha, P.S. Goraul, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Mr. IFTEKHAR MAHMOOD ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Mahua P.S. Case No. 189 of 2017 registered for the offence punishable under Sections 366, 380 and 372/34 of the Indian Penal Code.

The case of the prosecution according to the complainant is that her daughter-in-law disappeared from the house and later on it transpired that the accused persons had abducted her and when the daughter-in-law of the complainant returned after about three months, she disclosed that the accused persons had made her marry with one Sanjay Kumar who had thereafter established physical relation with the said daughter-in-law of the

Patna High Court Cr.Misc. No.62497 of 2017(3) dt.06-02-2018 2/2 complainant.

The learned counsel for the petitioners submits that allegation whatsoever is against the main accused person i.e. Sanjay Kumar and the petitioners herein have nothing to do with the said incident. It is further submitted that the petitioners are having a clean antecedent.

Having regard to the facts and circumstances of the case, more particularly the fact that the allegations whatsoever is against the main accused Sanjay Kumar, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 189 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

S.Sb/- (Mohit Kumar Shah, J) U T