Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50745 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- DUMRA District- Sitamarhi ====================================================== 1.

RINKU DEVI Wife of Jitendra Das Resident of Village - Shira, P.S.- Dumara, Distt - Sitamarhi.

2.

Paramshila Devi Wife of Jiwan Das Resident of Village - Shira, P.S.- Dumara, Distt - Sitamarhi.

3.

Rinku Devi Wife of Naresh Das Resident of Village - Khopi, P.S.- Runi Saidpur, Distt - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-08-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Dumra Police Station Case No. 169 of 2019, disclosing offences under Sections 363/366-A/34 of the Indian Penal Code. The allegation against the petitioners, as per the First Information Report, is that on 29.04.2019, the daughter of the informant was abducted by Birendra Das and Naresh Das. It has further been alleged that when the informant went to the house of the accused persons, the petitioners, being the family members of Birendra Das and Naresh Das, told the informant

Patna High Court CR. MISC. No.50745 of 2019(2) dt.16-08-2019 2/3 that her daughter has been abducted for the purpose of marriage with Birendra Das.

Learned Counsel for the petitioners submits that the petitioners are not involved in the abduction of the daughter of the informant, as would be evident from the First Information Report itself and from perusal of the same, it is evident that two persons, namely, Birendra Das and Naresh Das, had taken the daughter of the informant on the motorcycle and the only allegation against the petitioners is that they castigated the informant when the informant went to the house of the accused persons. He further submits that there is considerable delay in lodging of the First Information Report inasmuch as the occurrence had taken place on 29.04.2019, but the First Information Report has been lodged on 08.05.2019, falsely implicating the entire family members.

He further submits that in fact, the daughter of the informant has married the accused Birendra Das and both, the daughter of the informant and accused Birendra Das, were having love affairs.

Patna High Court CR. MISC. No.50745 of 2019(2) dt.16-08-2019 3/3 petitioners privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Dumra Police Station Case No. 169 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √