Jaipati Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56524 of 2015 Arising Out of PS.Case No. -33 Year- 2005 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jaipati Devi W/o Kishun Hazara.

2. Rooma Devi D/o Ram Ekbal Paswan.

3. Kamlesh Paswas@Kamresh Paswan S/o Awadh Paswan All R/o Vill- Buduwaha, P.s Chhauradano Dist East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 18-12-2015 Heard learned counsels for the petitioners and the State.

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

It is alleged that on 24.03.2005 at 7.00 P.M. minor daughter of the informant went to ease out in the company of petitioner nos. 1 and 2 Jaipati Devi and Rooma Kumari and thereafter she went missing.

In 164 Cr.P.C. statement the victim has named Khalil Mian, petitioner no. 3 Kamlesh Paswan @ Kamresh Paswan, Wasir Alam, Suresh Kumar and Dinesh Paswan where she has stated that she was taken by Wasir who

Patna High Court Cr.Misc. No.56524 of 2015 (2) dt.18-12-2015 2/2 ravished her.

It is submitted by learned counsel for the petitioners that on conclusion of the investigation the petitioners were not sent up for trial but differing with the final form cognizance has been taken on 02.01.2012.

Considering the fact that the case was registered in 2005 and order of cognizance was passed on 02.01.2012, this Court is not inclined to grant anticipatory bail to the petitioners. But keeping in view of the fact that thrust of accusation is against Wasir and petitioners were not sent up for trial, it is a case for consideration of prayer for regular bail, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Chhauradano P.S. Case No. 33 of 2005 pending in the court of learned Judicial Magistrate, Ist Class, Raxaul at Motihari, East Champaran. With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T