Rinki Kumari @ Rinki Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 58249 of 2018 Arising Out of P.S. Case No.-23 Year-2018 Thana- KARPI District- Jehanabad ======================================================
1. Rinki Kumari @ Rinki Devi wife of Abhishek Kumar, resident of Village- Anauli, P.S. Masaurhi, District Patna.
2. Reta Devi @ Rita Devi, wife of Ramakant Sharma.
3. Ramakant Sharma, Son of Late Ram Narayan Sharma.
4. Varsha Kumari @ Varsha Kmri, D/o- Ramakant Sharma. All resident of Village- Imalia, P.S.- Kako, District- Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.
For the Opposite Party/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 14-12-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Karpi P.S. Case No. 23 of 2018 dated 16.02.2018, instituted under Sections 323/366/468/376/120B and 34 of the Indian Penal Code.
3. The allegation against the petitioners, who are the sisters and parents of the husband of the complainant/informant, is that they had a role in her kidnapping from Jehanabad to Bokaro, where it is alleged that she was forcefully taken to the Court but because she raised cry, she was saved from marrying Sumendra
Patna High Court Cr.Misc. No.58249 of 2018 dt.14-12-2018 2/3 Sharma and thereafter, it is further alleged that Sumendra Sharma kept her at his house and also committed rape.
4. Learned counsel for the petitioners submitted that the informant was married to the brother/son of the petitioners and initially the relationship was cordial and then she returned to her matrimonial home and because there was some discord, she had falsely implicated the petitioners in the present case. Learned counsel drew the attention of the Court to a compromise between the parties, copy of which is Annexure-2, to the application, in which it has been stated that the informant has taken Rs. 1,52,000/- and other belongings and she does not want to live with the husband and has compromised the matter. The F.I.R. is dated 16.02.2018, whereas the compromise is of 13.06.2018.
5. Learned A.P.P., from the case diary, submitted that the allegations against the petitioners have been found to be true. However, on a direct query of the Court as to whether there was any specific allegation, it was submitted that it was general and omnibus. Further, learned A.P.P. could not controvert the fact that it is Sumendra Sharma, who has been alleged to have committed rape and not the petitioners and further that there is compromise between the parties.
Patna High Court Cr.Misc. No.58249 of 2018 dt.14-12-2018 3/3
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Arwal in Karpi P.S. Case No. 23 of 2018, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Ahsanuddin Amanullah, J.) Anand Kr.
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