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Patna High CourtCR. MISC./10274/2018disposed

Chinta Devi @ Chita Devi And ORS v. The State Of Bihar

2018-04-11Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10274 of 2018 Arising Out of PS.Case No. -188 Year- 2017 Thana -MANSI District- KHAGARIA ======================================================

1. CHINTA DEVI @ CHITA DEVI, W/o Sundar Das,

2. Sundar Das S/o Late Nebajee Das,

3. Mahua Devi W/o Ganga Das,

4. Ganga Das S/o Late Nebajee Das,

5. Soni Kumari D/o Ganga Das, All are R/o Village- Chakhusaini, P.S.- Mansi, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2018 The petitioners are apprehending their arrest in connection with Mansi P.S. Case No. 188 of 2017, registered for offences punishable under Sections 366(A) of the Indian Penal Code.

Allegation against the petitioners is of kidnapping the minor daughter of the informant.

It has been submitted on behalf of the petitioners that the girl is major and further petitioner nos. 1, 3 and 5 are ladies and only general and omnibus allegation has been levelled. Heard learned A.P.P. also.

Having heard both sides, considering the fact that

Patna High Court Cr.Misc. No.10274 of 2018 (3) dt.11-04-2018 2/3 petitioner nos. 1, 3 and 5 are ladies, as such, let the petitioner nos. 1, 3 and 5, namely, Chinta Devi @ Chita Devi, Mahua Devi and Soni Kumari, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Mansi P.S. Case No. 188 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation

Patna High Court Cr.Misc. No.10274 of 2018 (3) dt.11-04-2018 3/3 of their bail bonds.

So far other petitioners, namely, Sundar Das and Ganga Das are concerned, I am not inclined to grant the privilege of anticipatory bail to them rather they may surrender before the court below and pray for regular bail and if any such application is filed the court below shall consider the same on the merit of the case.

With the above observation, this application is disposed of. (Vinod Kumar Sinha, J) sunil/- U T