Bigu Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24744 of 2016 Arising Out of P.S. Case No. -407 Year- 2015 Thana -MOTIHARI MUFASIL District- EAST CHAMPARAN (MOTIHARI) ======================================================
1. Bigu Sahani, S/o Dasrath Sahani,
2. Phul Sahan Jhari Devi, W/o Bigu Sahani,
3. Akash Kumar, S/o Bigu Sahani,
4. Kaushal Kumar, S/o Bigu Sahani,
5. Jaimala Devi, W/o Dilip Sahani, D/o Bigu Sahani, All of resident of Village - Basman Bhawanipur, P.S. Muffasil, District East Champaran, Motihari .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Rananjay Kumar, Advocate. For the Opposite Party/s : Mr. (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-08-2016 Heard both sides.
The petitioners, five in number, apprehend their arrest in Muffasil P.S. Case No. 407/2015 registered under Sections 366, 498, 120(B), 504 of the Indian Penal Code. The father of the victim alleged that his daughter had gone to see her elder sister Reema Devi. The accused persons took her to Motihari and kidnapped her for the purpose of marriage with Basant Sahani although Basant Sahani is already married. Learned counsel for the petitioners submits that Basant Sahani is the brother-in-law of the victim. The victim had some altercation with her father and, that is why, she left her parental house and went to the house of her sister Reema Devi, who is the wife of
Patna High Court Cr.Misc. No.24744 of 2016 (3) dt.11-08-2016 2/2 Basant Sahani. The victim was living in the house of her sister. The victim has not yet been recovered. It is alleged that Basant Sahani solemnized second marriage with the victim and he is keeping the victim in his own house. Basant Sahani is not the petitioner. The petitioners are the family members of Basant Sahani.
Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in Muffasil P.S. Case No. 407/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T