Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72910 of 2019 Arising Out of PS. Case No.-98 Year-2014 Thana- ISUAPUR District- Saran ====================================================== 1.

USHA DEVI Wife of Satyanarayan Giri Resident of Village-Achitpur, P.OIsuapur, P.S-Isuapur, District-Saran at Chapra. 2.

Satyanarayan Giri Son of Ganesh Giri Resident of Village-Achitpur, P.OIsuapur, P.S-Isuapur, District-Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Adv For the Opposite Party/s :

Mr.Ajay Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Isuapur P.S. Case No. 98 of 2014 instituted for the offence under Section(s) 366/34 of the Indian Penal Code. It is submitted by the petitioners' counsel that being the neighbours of co-accused, namely, Manish Giri, they have been implicated in the instant case alleging that the informant's daughter is missing. It is submitted that, in fact, she has eloped with one Ritesh. The investigation has also revealed that she was taken away by co-accused, namely, Ritesh and Manish Giri. Merely by virtue of their being neighbours, they have been

Patna High Court CR. MISC. No.72910 of 2019(3) dt.19-12-2019 2/3 implicated on suspicion. It is pointed out that from the order sheets of the Sessions Judge, Saran, Chapra, rejecting the petitioners' prayer of anticipatory bail dated 25.05.2018, it would apparent that the parties have compromised the issue. Such compromise is in view of the fact that the alleged victim merely is now residing with Manish Giri.

The learned APP for the State opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, before the court below, within four (04) weeks from today, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, VIth Saran at Chapra, in connection with Isuapur P.S. Case No. 98 of 2014 subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also

Patna High Court CR. MISC. No.72910 of 2019(3) dt.19-12-2019 3/3 undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T