Ishwari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9847 of 2021 Arising Out of PS. Case No.-132 Year-2020 Thana- PARIHAR District- Sitamarhi ====================================================== 1.

ISHWARI DEVI W/o Ramsharan Rai 2.

Ramsharan Rai Son of Late Dular Rai 3.

Nirmala Devi W/o Prakash Rai 4.

Fuljit Rai Son of Ramsharan Rai All Resident of Village - Bhawanipur, P.S.- Parihar, Dist.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Adv For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-11-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363,366A/34 of the Indian Penal Code.

Submission is that affidavit sworn by the victim girl would reveal that she is a major and had voluntarily married with co-accused-Birendra Kumar. The petitioners are parents of Birendra Kumar. She is specific that the present case of kidnapping is false one. Petitioners have got no criminal

Patna High Court CR. MISC. No.9847 of 2021(2) dt.16-11-2021 2/2 antecedent.

Considering the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Parihar P.S.Case No.132 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (c) The petitioners shall not leave the country without permission of the learned Trial Court.

(Birendra Kumar, J) Nitesh/- U T