Sugo Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45954 of 2018 Arising out of P.S. Case No.-2531 Year-2015 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ======================================================

1. Sugo Devi, wife of Vibhishan Mandal.

2. Jicho Devi, wife of Ganesh Mandal.

3. Umia Devi, wife of Ashok Mandal.

4. Narayan Mandal, son of Late Sita Ram Mandal, all residents of Village- Kulkuliya, P.S.- Ghogha, District- Bhagalpur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Jaldhar Mandal, S/o Late Garbhu Mandal, resident of Village- Kulkuliya, P.S.- Ghogha, District- Bhagalpur.

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

For the Petitioner/s :

Mr. Pravina Kumari, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Complaint Case No.2531 of 2015, registered for offence punishable under Section 365 of the Indian Penal Code. As per F.I.R., allegation against the petitioners is of kidnapping the son of the informant for marriage with Poonam Kumari and marriage was solemnized.

Submission of learned counsel for the petitioner is that Poonam Kumari has lodged a case under Section 498-A against the informant and others and thereafter, the present case has been lodged by the informant and other.

Further submission of the learned counsel for the

Patna High Court Cr.Misc. No.45954 of 2018(2) dt.08-08-2018 2/2 petitioners is that petitioners no. 1 to 3 are the ladies and petitioner no.4 is grand-father of Poonam Kumari and it is a case of willful love marriage and there is a case and counter case between the parties.

Learned A.P.P. as well as learned counsel for the informant opposes the prayer for bail by stating that the victim was minor and she was forced to marry.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Complaint Case No. 2531 of 2015, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(Vinod Kumar Sinha, J) sudha/-sunil U T