Babita Devi @ Babeeta Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40836 of 2017 Arising Out of PS.Case No. -88 Year- 2017 Thana -SULTANGANJ District- BHAGALPUR ======================================================

1. Babita Devi @ Babeeta Devi, wife of Shailesh Yadav, resident of village-Gangapur, Police Station-Sultanganj, District-Bhagalpur.

2. Shailesh Yadav, son of Baudhi Yadav, resident of village-Gangapur, Police Station-Sultanganj, District-Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashutosh Kumar, Advocate For the Opposite Party/s : Mr. Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 13-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Sultanganj P.S. Case No.88 of 2017 instituted for the offence under Section(s) 366-A/34 Indian Penal Code.

Today, a Supplementary Affidavit has been filed on behalf of the petitioners stating therein that their son, Sintu Yadav, has performed marriage with victim girl, Barsha Kumari, in a temple in Bhagalpur. She is living with him and is carrying pregnancy of six months. Son of the petitioners is meeting the expenses of her treatment in Punjab. Her medical report has been annexed as Annexure-1 to the Supplementary Affidavit. In the written report, it is alleged that the petitioners and other accused persons kidnapped the minor daughter of the

Patna High Court Cr.Misc. No.40836 of 2017 (4) dt.13-10-2017 2/2 Informant. Petitioners are parents of Sintu Yadav with whom victim girl is living after marriage.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Sultanganj P.S. Case No.88 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bhagalpur, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) JA/- U T