Patna High CourtCR. MISC./29676/2014bail granted

Jamuniya Devi And ORS. v. The State Of Bihar

2015-01-13Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.29676 of 2014 (2) dt.13-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29676 of 2014 Arising Out of PS.Case No. -54 Year- 2013 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jamuniya Devi Wife of Raj Mangal Rai @ Jai Mangal Rai

2. Fulwa Devi Wife of Dina Rai

3. Raj Mangal Rai @ Jai Mangal Rai Son of Late Ganesh Rai

4. Dina Rai Son of Late Gauri Rai All Resident of Village - Inwara Fulwar, Police Station - Lakhaura, District - East Chamapran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Ghorasahan (Lakhaura) P.S. Case No. 54 of 2013 registered for the offences punishable under Sections 366, 323, 379 and 504/34 of the Indian Penal Code.

Allegedly, the petitioner nos. 1 and 2 took away the wife of the complainant/informant and on search also she was not found, then it was suspected that she might have been taken away and it is further alleged that his wife took away ornaments worth Rs. 20,000/- and cash Rs. 25,000/-.

Patna High Court Cr.Misc. No.29676 of 2014 (2) dt.13-01-2015 It is submitted by the learned counsel for the petitioners that the wife of the informant returned and her statement under Section 164 Cr.P.C. has been recorded wherein she has not stated about her kidnapping.

Learned APP does not oppose the prayer of pre-arrest bail in view of the statement of the victim recorded under Section 164 Cr.P.C.

In the facts and circumstances stated above and considering the statement of the victim recorded under Section 164 Cr.P.C., the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikrahana, Motihari, East Champaran in connection with Ghorasahan (Lakhaua) P.S. Case No. 54 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T