Sanjhariya Devi And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8588 of 2016 Arising Out of PS.Case No. -200 Year- 2015 Thana -BRAHMPUR District- BUXAR ======================================================

1. Sanjhariya Devi wife of Shivji Ram resident of village Barki Nainizore P.S. Nianizore Dist Buxar.

2. Balke Siya Devi wife of Shivratiram Resident of village Kharaini, P.S. Bihiya, District Ara.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Usha Devi wife of Gauri Shankar Kahar resident of village Barki Nainizore P.S. Nianizore Dist Buxar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Shankar For the Opposite Party/s : Mr. Indra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 363,366A and 120B/34 of the Indian Penal Code.

The prosecution case is of kidnapping two minor daughters of the informant namely Sumitra Kumari and Sushma Kumari for the purposes of sexual exploitation. It is submitted by the learned counsel for the petitioners that in 164 Cr.P.C. statement the victim girls have got their age recorded as 21 years when the court assessed their age as 14 and 17 years where they stated that they used to talk to a boy for three

Patna High Court Cr.Misc. No.8588 of 2016 (2) dt.23-02-2016 2/2 years and their family members wanted to kill them as a result they went out of the house. It is further submitted that the victim girls have not named the petitioners who are ladies. Considering the 164 Cr. P.C. statements of the victim girls and the fact that the petitioners are ladies, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge I, Buxar, in connection with Brahmpur (Nainizore) P.S. Case No. 200 of 2015/POCSO Case No. 29 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T