Patna High CourtCR. MISC./18671/2017bail granted

Manju Devi And ANR v. The State Of Bihar

2017-04-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18671 of 2017 Arising Out of PS.Case No. -331 Year- 2016 Thana -NANHPUR District- SITAMARHI ======================================================

1. Manju Devi, Wife of Nathuni Singh,

2. Jai Prakash Singh, Son of Nathuni Singh, Both resident of village - Bhawdepur, Ward No. 17, Police Station Riga, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363 and 366/34 of the Indian Penal Code.

Allegation is that co-accused Ravi Kumar who is son of petitioner no. 1 Manju Devi and brother of petitioner no. 2 Jai Prakash Singh, allegedly, induced Sabina Khatoon a married lady to go with him for the purpose of marriage. When complaint was made to the petitioners, the petitioners assured to return the victim-lady but they did not return.

Submission of the petitioners is that Ravi Kumar has already married with Sabina Khatoon, hence, no ingredient of the offence alleged is made out. Moreover, there is no direct evidence

Patna High Court Cr.Misc. No.18671 of 2017 (2) dt.28-04-2017 2/2 of kidnapping or abduction against the petitioners. Learned counsel for the informant opposed the prayer for bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupari at Sitamarhi/successor Court in connection with Nanpur Police Station Case No. 331 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/- U T