Priya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5833 of 2021 Arising Out of PS. Case No.-199 Year-2020 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

PRIYA KUMARI, D/o SATYA NARAYAN SINGH Resident of Village - Harkhauli Purab Tola, P.S.- Mirganj, Distt.- Gopalganj. 2.

SUSHILA DEVI, W/o SATYA NARAYAN SINGH Resident of Village - Harkhauli Purab Tola, P.S.- Mirganj, Distt.- Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-10-2021 Heard Mr. Naresh Prasad, learned advocate for the petitioners and Mr. Nand Kumar, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Mirganj P. S. Case No. 199 of 2020, dated 01.10.2020, instituted for the offences under Sections 363, 366A and 506 of the Indian Penal Code.

The petitioners are alleged to have abducted the minor daughter of the informant.

The learned advocate for the petitioners has

Patna High Court CR. MISC. No.5833 of 2021(2) dt.26-10-2021 2/3 submitted that the daughter of the informant was having an affair with one Bablu, who is the brother of petitioner no. 1 and son of petitioner no. 2.

During the course of investigation, the victim came back and gave her statement under Section 164 Cr.P.C. In the afore-noted statement, she has stated that she because of a fight in her home, she had gone to stay with her friend and when she came back, she learnt that a case of kidnapping has been lodged against the accused persons including the petitioners.

It has also been submitted on behalf of the petitioners that there is an unusual delay of 28 days in lodging the F.I.R.

Regard being had to the afore-stated facts and taking into account their gender, the petitioners, abovenamed, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing

Patna High Court CR. MISC. No.5833 of 2021(2) dt.26-10-2021 3/3 bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XVI, Gopalganj, in connection with Mirganj P. S. Case No. 199 of 202, subject to the conditions as laid down under Section 438

(2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T