Roshani Kumari And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31726 of 2015 Arising Out of PS.Case No. -205 Year- 2015 Thana -MADHEPURA District- MADHEPURA ======================================================
1. Roshani Kumari Daughter of Pali Yadav
2. Neelam Devi Wife of Pali Yadav
3. Pali Yadav Son of Natho Yadav All the residents of village - Barahi, Police Station and District - Madhepura .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Durgesh Kumar For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-08-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.
The accusation is of kidnapping the minor daughter of the informant.
It is submitted by the learned counsel for the petitioners that in 164 Cr.P.C. statement the victim got her age recorded as 18 years when the court assessed her age as 16 years where the victim stated that she of her own went in the company of Bibhishan Kumar with whom she wanted to marry. In 164 Cr.P.C. statement the victim has not named the petitioners. It is further
Patna High Court Cr.Misc. No.31726 of 2015 (2) dt.03-08-2015 2/2 submitted that the petitioners are unmarried sister and parents of co accused Bibhishan Kumar.
Considering the 164 Cr.P.C. statement of the victim, 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 CJM, Madhepura in connection with Madhepura P.S. Case No.205 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T