Gayatri Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5086 of 2017 Arising Out of PS.Case No. -800 Year- 2014 Thana -NAWADA District- NAWADA ======================================================

1. Gayatri Devi, Wife of Surendra Prasad,

2. Guriya Devi, Wife of Santosh Yadav,

3. Saroj Devi, Daughter of Surendra Prasad @ Siya, All residents of Village- Inarvadih, P.S.- Sirdala, District- Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Upadhyay For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioner no.1 is mother, petitioner no.2 is the wife of elder brother and petitioner no.3 is the sister of co-accused Pawan Kumar and they apprehend their arrest in connection with Nawada Nagar P.S. Case No.800/14 registered under Sections 366(A), 120(B) of the Indian Penal Code.

The accusation of the complainant is that when on 21.12.2014 the complainant along with his wife and daughter, Shivrani Kumari aged about 16 years came at Nawada Bus Stand for coming Patna, the accused persons including the petitioner also reached there and they were waiting for Bus for Patna. In the

Patna High Court Cr.Misc. No.5086 of 2017 (2) dt.18-03-2017 2/3 meantime one Kailash Yadav who happens to be the villager of the complainant came there and told him that his wife is ill, upon which the complainant along with his wife went to see the ailing lady leaving his daughter and told Pawan Kumar to take care of his daughter including his belongings because Pawan Kumar was well acquainted with them. When the complainant came back he found missing his daughter, Shivrani along with his belongings. Thereafter he came to Khemnichak and Zero mile at the house of Pawan Kumar but his room was closed. Thereafter the complainant came to the house of the accused at Khemnichak and asked them about his daughter Shivrani Kumari and Pawan Kumar but they showed their ignorance. When the people of vicinity started to gather there on the request of the complainant accused started pelting stone upon the complainant and his wife. The complainant raised suspicion about kidnapping of his daughter by Pawan Kumar and his family members.

Learned counsel for the petitioner submits that the petitioners are mother, sister-in-law and sister of the co-accused, Pawan Kumar who is said to moved with the daughter of Complainant to the bus stand. Due to that reason they have falsely been implicated in this case.

Having regard to the facts and circumstances of the

Patna High Court Cr.Misc. No.5086 of 2017 (2) dt.18-03-2017 3/3 case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four 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 the learned C.J.M., Nawada, in connection with Nawada Nagar P.S. Case No.800/14, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) AnilKrSinha/- U