Gharbharni Devi @ Gharbharan Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51196 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Gharbharni Devi @ Gharbharan Devi , wife of Kameshwar Kushwaha
2. Ranjit Kumar, son of Kameshwar Kushwaha Both resident of village-Gurhanwa, P.S.- Ramgarhwa, District-East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Mishra For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-01-2018 Heard learned counsel for the petitioner and the State. The petitioners apprehend arrest in Ramgarhwa P.S. Case No. 15 of 2017 instituted for the offence under Sections 366(A)/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the victim girl, daughter of the informant, Gayatri Devi, has married with Ranjeet Kumar (petitioner no. 2) in support of which affidavit has been sworn before the Advocate & Notary by both petitioner No. 2 and the victim girl, which is annexed as Annexure-2 to the petition. It is further submitted that the victim girl, Khushboo Kumari, has filed complaint case against the informant and her other family members for assaulting them while
Patna High Court Cr.Misc. No.51196 of 2017 (3) dt.04-01-2018 2/3 they were returning to the village home on 21.01.2017, which is annexed as Annexure-2 series to the petition. Thereafter, as counter blast, the instant case has been filed by mother of the victim girl on 31.01.2017 levelling the allegation against Ranjeet Kumar, petitioner No. 2, and other family members of kidnapping the minor daughter of the informant.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Ramgarhwa P.S. Case No. 15 of 2017 to the satisfaction of learned S.D.J.M, Raxaul, subject to condition as laid down u/S 438(2) of the 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to
Patna High Court Cr.Misc. No.51196 of 2017 (3) dt.04-01-2018 3/3 move for cancellation of bail of the petitioners. (Sanjay Priya, J) ajay gupta/- U T