Indu Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16820 of 2018 Arising Out of PS.Case No. -319 Year- 2017 Thana -NANHPUR District- SITAMARHI ======================================================

1. Indu Devi Wife of Sanjay Mallik

2. Satya Devi Wife of Shyam Mallik

3. Renu Devi D/o Indal Mallik

4. Shyam Mallik S/o Ram Narayan Mallik

5. Manoj Mallik Son of Late Chandeshwar Mallik

6. Jangali Mallik Son of Shyam Mallik All residents of Village - Banaul, P.S. Nanpur, District - Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-04-2018 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Nanpur P.S. Case No. 319 of 2017 for the offences punishable under sections 147, 149, 363 and 366 (A) of the I.P.C.

Allegedly, Shamma khatoon aged 14 years, grand daughter of the informant, was kidnapped by the petitioners and others with an intention to perform marriage with her. Submission is of false implication and that the statement of the victim girl has been recorded under section 164 of

Patna High Court Cr.Misc. No.16820 of 2018 (2) dt.05-04-2018 2/2 the Cr.P.C, vide Annexure-2, wherein she has not supported the allegation of kidnapping rather she has stated that she performed marriage with Dinesh Mallik and she is living with Dinesh Mallik and nobody has kidnapped her, she has also stated that the case lodged by her maternal grand father is false, the victim has stated her age as 21 years and she has been assessed by the court as 18 years.

The learned A.P.P. fairly submits that the victim has not supported the allegation of kidnapping.

In the facts and circumstances stated above, the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall 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 S.D.J.M, Pupari, Sitamarhi in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U