Priti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48772 of 2019 Arising Out of PS. Case No.-213 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

Priti Kumari, D/o Sadan Prasad Resident of Village - Badhar, P.S.- Jehanabad (Kalpa O.P.), Distt - Jehanabad.

2.

Punita Kumari D/o Sadan Prasad Resident of Village - Badhar, P.S.- Jehanabad (Kalpa O.P.), Distt - Jehanabad.

3.

Sangeeta Devi Wife of Sadan Prasad Resident of Village - Badhar, P.S.- Jehanabad (Kalpa O.P.), Distt - Jehanabad.

4.

Sadan Prasad Son of Kallu Khalifa Resident of Village - Badhar, P.S.- Jehanabad (Kalpa O.P.), Distt - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Rajeev Nayan (App ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Jehanabad (Kalpa) P.S. Case No.213 of 2019 for the offence punishable under Sections 365, 366/120(B) of the Indian Penal Code. The allegation against the petitioners is that the petitioners along with other accused persons abducted / kidnapped the daughter of the informant in order to kill her.

Learned counsel for the petitioners submits that petitioners are innocent and are family members of the accused Anand Kishore with whom the victim girl, Asha Kumari had love affairs and ultimately

Patna High Court CR. MISC. No.48772 of 2019(2) dt.06-08-2019 2/2 performed marriage with him. Learned counsel relying upon Annexure-2 which is statement of victim girl recorded under Section 164 Cr.P.C. by the learned Magistrate in which the victim girl in her statement has not disclosed the name of the petitioners and on the contrary has stated that she has performed marriage with Anand Kishore, i.e., the son of the petitioner No.1 and 4.

After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the complicity of the petitioners has not been disclosed in the statement of the victim girl under Section 164 Cr.P.C. as such, I am inclined to grant anticipatory bail to all these petitioners. Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T