Sangita Devi @ Sangeeta Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35875 of 2015 Arising Out of PS.Case No. -167 Year- 2015 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sangita Devi @ Sangeeta Devi wife of Madan Prasad, resident of village- Laukariya, P.S.- Harsidhi, District- East Champaran,

2. Laxman Prasad son of Parmanand Prasad, resident of village- Pipra Bajar ward no.1, P.S.- Pipra, District- East Champaran .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. D.P. Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-09-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 365, 366 and 37034 of the Indian Penal Code. It is alleged that the petitioners and others kidnapped the daughter of the informant for the purpose of marriage.

It is submitted by learned counsel for the petitioners that the victim in 164 Cr.P.C. statement has got her age recorded as 21 years when the court has assessed as 20 years

Patna High Court Cr.Misc. No.35875 of 2015 (2) dt.04-09-2015 2/2 where she has stated that she was never kidnapped and she married with Nausad. Moreover, the medical board has assessed her age to be 17 1⁄2 to 18 1⁄2 years.

Considering the 164 Cr.P.C. statement of the victim, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, at Motihari, East Champaran in connection with Harsidhi P.S. Case No. 167 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Kanchan/- U T