Baby Kumari @ Baby Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.68934 of 2018 Arising Out of PS. Case No.-129 Year-2018 Thana- PATEPUR District- Vaishali ======================================================
1. Baby Kumari @ Baby Devi, D/o Ram Kishore Tiwari.
2. Urmila Devi, Wife of Ram Kishore Tiwari.
3. Sudha Kumari @ Sudha Devi, Wife of Janardan Sharma.
4. Manju Devi, Wife of Madan Mishra.
5. Neeta Kumari, Wife of Sunil Tiwari.
All are resident of Village - Malpur, P.S. - Patepur, District - Vaishali. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prakash Chandra Jha For the Opposite Party/s :
Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363, 365, 120B and 506 of the Indian Penal Code.
The prosecution case as per written report of Ram Kumar Thakur submitted to the Station House Officer of Patepur Police Station is to the effect that on 09.07.2018 the son of the informant, Vikash @ Vikki was kidnapped by Piyush Raj, Janardan Sharma and petitioner no.3, Sudha Devi. In the statement recorded under Section 164 Cr.P.C. the victim Vikash @ Vikki got his age recorded as 27 years
Patna High Court Cr.Misc. No.68934 of 2018(2) dt.17-12-2018 2/3 when the Court has assessed as such. He has further stated that he was kidnapped by Piyush Raj and forcefully married to one Arti Kumari, though at the time of the marriage, 60-70 persons were present. It is alleged that in the kidnapping, petitioner no.3, Sudha Devi, was also involved.
It is submitted by learned counsel for the petitioners that the thrust of accusation is against Piyush Rai and Janardan Sharma, who is the husband of petitioner no. 3 and the petitioners are family members of Piyush Raj and all the petitioners are ladies.
Learned counsel for the informant submits that the statement under Section 164 Cr.P.C. suggests that at the instance of the petitioners, the son of the informant was kidnapped and forcibly married to one Arti Kumari.
Considering the fact that the thrust of accusation is against Piyush Raj and the petitioners are ladies, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of 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
Patna High Court Cr.Misc. No.68934 of 2018(2) dt.17-12-2018 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Patepur P.S. Case No. 129 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T