Anita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53967 of 2018 Arising Out of PS.Case No. -406 Year- 2018 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Anita Devi, W/o Bishundeo Thakur,

2. Bishundeo Thakur @ Bishnudeo Thakur, S/o Late Ragho Thakur, Both resident of Village- Mathurapur, Ward No.11, P.S. and DistrictKhagaria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mr. Satyendra Narain Sinha (APP132) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner. No one appears for the State.

Since Smt. Indu Kumari Srivastava (APP 23) who has been entrusted with this case is not present in Court, this Court is authorizing Sri Satyendra Narain Sinha, learned APP 132 to assist this Court.

Petitioners are seeking anticipatory bail in connection with Khagaria P.S. Case No.406 of 2018 registered for offences punishable under Section 366A/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the son of these petitioners and the daughter of informant have solemnized the marriage and because of that these petitioners have

Patna High Court Cr.Misc. No.53967 of 2018 (3) dt.08-10-2018 been implicated in the present case. Learned counsel submits that the petitioners are innocent, present FIR came to be lodged after six days from the alleged date of 12.06.2018 when the daughter of the informant had gone missing.

Learned APP for the State points out from the case diary that in course of investigation it has come that the victim girl was taken out by her friend Siromani Kumari, but when she did not come back till late night, according to the informant he went to the house of Siromani where he found that in Bolero vehicle she was sitting along with accused Vinay Kumar and his other members of the family and they were taking her somewhere. At this stage, the mother of the boy Vinay Kumar told him that they were going to market and they will come after sometime.

Considering the facts and circumstances of the case whereunder the petitioners are said to be the mother and father of the boy Vinay Kumar and informant claims that his daughter was sitting in Bolero vehicle along with boy Vinay Kumar and his family members without disclosing the names of these petitioners, in case of arrest or surrender of the petitioners within a period of four weeks from today, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.53967 of 2018 (3) dt.08-10-2018 the of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No.406 of 2018 corresponding to G.R.No.1633/2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Rajeev Ranjan Prasad, J) Arvind/- U T