Soni Kumari @ Soni Kumar @ Soni Devi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13299 of 2018 Arising Out of PS.Case No. -972 Year- 2016 Thana -SAHARSA District- SAHARSA ======================================================
1. SONI KUMARI @ SONI KUMAR @ SONI DEVI, W/o Manish Kumar, D/o Nathuni Roy,
2. Nathuni Roy S/o Late Lakhan Rai,
3. Sita Devi W/o Nathuni Roy, All are R/o Mahabir Chowk, Pasi Khana Gali, P.S. and district- Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-04-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Saharsa P.s.Cae no.972 of 2016 registered for offences punishable under Sections 363 an d 365/34 of the Indian Penal Code.
Allegation against the petitioners, who happens to be fatherin-law, mother-in-law and wife of the victim in short is that they had kidnapped the victim so as to forcibly married with the petitioner no.1. The victim has also supported the allegation in his statement under Section 164 Cr.P.C.
Submission of the learned counsel for the petitioner is that the marriage has admittedly been solemnized in a Temple and all
Patna High Court Cr.Misc. No.13299 of 2018 (2) dt.05-04-2018 2/2 the allegations are false and concocted and the petitioner nos. 1, 2 and 3 are the father-in-law, mother-in-law and wife of the boy. Heard learned A.P.P. also.
Having heard both sides and in view of statement of the victim under Section 164 Cr.P.C., I am not inclined to grant anticipatory bail to the petitioners, however, the petitioners is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T