Indra Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14410 of 2018 Arising Out of PS.Case No. -333 Year- 2017 Thana -MAUZAHIDPUR District- BHAGALPUR ======================================================

1. Indra Devi, W/o Late Dasu Sharma,

2. Jitendra Sharma @ Jitendra Kumar Sharma S/o Late Dasu Sharma, Both R/o Village- Maheshpur Aliganj (Marba Asthan), P.S.- Mojahidpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashutosh Kumar For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-04-2018 The petitioners are apprehending their arrest in connection with Mojahidpur (Babarganj) P.S. Case No. 333 of 2017, registered for offences punishable under Sections 366A, 34 of the Indian Penal Code.

Allegation against the petitioners is of assisting the coaccused of this case in kidnapping the minor daughter of the informant.

It has been submitted on behalf of the petitioners that they are mother and brother of the main accused Rahul Kumar Sharma, against whom there is allegation that he kidnapped the daughter of informant for marriage and except that there is absolutely nothing against the petitioners to connect them with the

Patna High Court Cr.Misc. No.14410 of 2018 (4) dt.30-04-2018 2/3 present case.

Learned counsel for the State opposed the prayer for bail on the ground that the girl has not been recovered uptil now. Having heard both sides, considering the fact that the allegation of kidnapping the minor daughter of informant is against other co-accused, namely, Rahul Kumar Sharma and petitioners are mother and brother of the said Rahul Kumar Sharma, as such, let the petitioners above named, 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, Bhagalpur, in connection with Sour Mojahidpur (Babarganj) P.S. Case No.

333 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

Patna High Court Cr.Misc. No.14410 of 2018 (4) dt.30-04-2018 3/3 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 of their bail bonds.

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