Sanju Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33173 of 2014 Arising Out of PS.Case No. -41 Year- 2014 Thana -VIJAYPUR District- GOPALGANJ ======================================================
1. Mansoor Ansari @ Alim Son of Late Somin Ansari Resident of Village - Mathauli Tola Usrapar, P.S. - Bhore, District - Gopalganj (Bihar) .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.48792 of 2014 Arising Out of PS.Case No. -41 Year- 2014 Thana -VIJAYPUR District- GOPALGANJ ======================================================
1. Sanju Kumari Daughter of Nand Kumar Sah Resident of village - Bangra Bazar ( Manjhariya, Police Station - Vujayipur, District - Gopalganj .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.33173 of 2014) For the Petitioner : Mr. Sanjya Kumar Chaubey For the Opposite Party : Mr. Uday Pratap Singh (App) (In Cr.Misc. No.48792 of 2014) For the Petitioner : Mr. Binod Kumar Sinha For the Opposite Party : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2015 Petitioners are languishing in custody since 12.03.2014, 14.08.2014 in a case registered for the offences punishable under Sections 363, 372 of the I.P.C. It is alleged that minor daughter of the informant went traceless on 07.03.2014. Subsequently the informant came to know that she was being taken by petitioner Sanju Kumari. The victim in her 164 Cr.P.C statement stated that initially Sanju Kumari, maternal aunt of the victim abducted her and thereafter these petitioners joined her.
Patna High Court Cr.Misc. No.33173 of 2014 (3) dt.22-01-2015 2/2 Subsequently they snatched Rs. 1800/- of the victim and forced the victim to sit in a train. Thereafter petitioners escaped from the scene on the excuse of bringing train ticket. It is submitted by learned counsel for the petitioners that the victim in her 164 Cr.P.C statement has claimed herself aged about fifteen years and the Court also assessed as such, but medical opinion assessed her aged between 16-17 years. The victim in her statement has not alleged establishment of any forceful physical relationship. The statement of the victim girl rather suggests that she of her own went in the company of the co-accused and returned of her own.
It is submitted on behalf of petitioners that accusation appears unreasonable as petitioner Sanju Kumari is the own maternal aunt of the victim.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, be released 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 learned Chief Judicial Magistrate/Judicial Magistrate, 1st Class, Gopalganj in connection with Vijaipur P.S. Case No. 41 of 2014. (Dinesh Kumar Singh, J) Shageer/- U T