Sinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68739 of 2019 Arising Out of PS. Case No.-165 Year-2019 Thana- DHARHARA District- Munger ====================================================== 1.

Sinku Devi, Wife of Sri Ajay Yadav @ Mithilesh Yadav @ Mithlesh Yadav. 2.

Ajay Yadav @ Ajay Kumar @ Mithilesh Yadav @ Mithlesh Yadav, Son of Shree Shyam Kishore Yadav, Both are resident of Village - Mangarh, P.S.- Dharahara, District- Munger ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Prakash Mahto, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Dharhara P.S. Case No.165 of 2019 registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that from perusal of the first information report itself, it would transpire that the petitioners have been named in the first information report only because they happen to be the mother and father respectively of the co-accused Ankit Yadav, a boy aged about 19 years, with whom the daughter of the informant eloped. It is contended that the petitioners have got no

Patna High Court CR. MISC. No.68739 of 2019(3) dt.05-03-2020 2/2 criminal antecedent and having got roots in the society, they are not likely to abscond or tamper with the evidence. Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioners. He submitted that the petitioners being the parents of Ankit Yadav, are also responsible for the alleged abduction of the minor daughter of the informant.

Considering the allegations made in the first information report and the submissions advanced at the Bar, in the event of arrest or surrender in the court below, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Munger in connection with Dharhara P.S. Case No.165 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Sanjeet/- U T