Puspa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65492 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- MAHILA P.S District- West Champaran ====================================================== 1.

Puspa Devi, D/o Nagina Manjhi, Wife of Vijay Paswan, Resident of VillageWard No.30, Ahirani, P.S.- Bagaha, District- West Champaran. 2.

Umrawati Devi, Wife of Nagina Manjhi, Resident of Village- Ahirani Tola, P.S.- Bagaha, District- West Champaran 3.

Harishankar Manjhi, Son of Nagina Majhi, Resident of Village- Ahirani Tola, P.S.- Bagaha, District- West Champaran 4.

Ramchandra Majhi, Son of Nagina Majhi, Resident of Village- Ahirani Tola, P.S.- Bagaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Jha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Mahila P.S. Case No. 37 of 2019, registered under Sections 370 and 372/34 of the Indian Penal Code.

The accusation is that daughter of informant, Shamsher Alam, aged about 15 years, was accompanied by Pushpa Devi (petitioner no.1) for market but she did not return. In course of search, informant came to know that Ajay Kumar, Jhunna Upadhyay and Munna Yadav were seen carrying his daughter boarding on motorcycle followed by Nagina Manhi, Umrawati Devi (petitioner

Patna High Court CR. MISC. No.65492 of 2019(4) dt.03-02-2020 2/2 no.2), Harishankar Manhi (petitioner no.3) and Ramchandra Manhi (petitioner no.4).

Learned counsel for the petitioners submits that due to love affairs, daughter of the informant left her house and performed the marriage with Ajay Kumar according to her own sweet will, which would appear from her statement recorded under Section 164 of the Cr.P.C., in which, she has not disclosed the name of the petitioners, in fact, petitioners are sister, mother and brothers of coaccused, Ajay Kumar due to that reason, they have falsely been implicated in the present case.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bagaha (West Champaran), in connection with Mahila P.S. Case No. 37 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Bhardwaj/- (Rajendra Kumar Mishra, J) U T