Vijay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69762 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== 1.

Vijay Sharma Son of Late Devendra Sharma 2.

Siyamani Devi Wife of Vijay Sharma Both are resident of Mohalla - East Indira Nagar, Road No. 1, North Corner, P.S.- Kankarbagh, District- Patna ... ... Petitioners

Versus

1.

The State of Bihar 2.

Madhuri Kumari D/O - Virendra Prasad Singh Resident of East Indira Nagar, Road No. 2, P.S.- Kankarbagh, District- Patna, Presently residing along with husband Venketesh Kumar at East Indira Nagar, Road No. 1, north corner, P.S.- Kankarbagh, District- Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

M/s. Anita Kumari Singh, Advocate For the State :

Mr. Anant Kumar No.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-06-2020 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioners apprehend their arrest in connection with Mahila P.S. Case No. 76 of 2019 registered for the offences punishable under Sections 420, 376, 506/34 of the Indian Penal Code and Section 66 of I.T. Act.

The written report of the informant goes to show that allegation of rape centres around against co-accused Venketesh Sharma, who happens to be son of the petitioners.

Patna High Court CR. MISC. No.69762 of 2019(4) dt.29-06-2020 2/2 Learned counsel of the petitioners submits that there is only allegation against the petitioners that they abetted the informant to get abort her pregnancy. Learned counsel of the petitioners further submits that moreover, son of the petitioners as well as informant have already solemnized their marriage which is evident from perusal of Annexure-2 to this petition. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Madhavi Singh, learned Judicial Magistrate, 1st Class, Patna in Mahila P.S. Case No. 76 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T