Jainarain Sharma And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.20223 of 2015 (3) dt.26-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20223 of 2015 Arising Out of PS.Case No. -139 Year- 2014 Thana -RAGHUNATHPUR District- SIWAN ======================================================

1. Jainarain Sharma S/o Deopujan Sharma

2. Sonamati Devi W/o Jainarain Sharma

3. Guria Devi D/o Jainarain Sharma

4. Suldeep Sharma @ Suldeep Kr. Sharma S/o Jainarain Sharma All residents of village - Saichani, P.S. - Raghunathpur, District - Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anurag Saurav For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.

Earlier case dairy of the present case was called for, which has since been received.

The petitioners apprehend their arrest in connection with Raghunathpur P.S. Case No. 139 of 2014 registered for the offences punishable under Sections 147, 323, 366(A), 380 and 384 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioner nos. 1 and 2 are the father and mother of the accused namely, Kuldeep Sharma, who allegedly fled away with the victim girl. It is further submitted that petitioner nos. 2 and 4 are

Patna High Court Cr.Misc. No.20223 of 2015 (3) dt.26-04-2016 unmarried daughter and son of petitioner nos. 1 and 2. It is further submittted that petitioners have no role to play in the aforesaid offence and the accused, namely, Kuldeep Sharma has already been taken into custody. It is further submitted that accused Kuldeep Sharma has given a statement that he has already solemnized his marriage with Gaytri Devi whereas Babita Kumari got married with Ram Pravesh Singh and he is living in her village at Nepal. So far as Gaytri Devi is concerned, accused Kuldeep Sharma had taken her to Kolkatta from where, she is said to have been disappeared.

Considering the aforesaid submissions, let the petitioner, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is/are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Raghunathpur P.S. Case No. 139 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J) Jagdish/- U T