Paramsheela Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 83749 of 2024 Arising Out of PS. Case No.-339 Year-2024 Thana- JAMUI District- Jamui ====================================================== 1.
Paramsheela Devi Wife of Late Ashok Sao Resident of Village - Khanpura, P.S.- Giriyak, District-Nalanda 2.
Mantu Kumar Son of Late Ashok Sao Resident of Village - Khanpura, P.S.- Giriyak, District-Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akhauri Kamal Kishore Sahay, Adv.
For the Opposite Party/s :
Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Jamui P.S. Case No. 339 of 2024 dated 05.06.2024, instituted for the offence punishable under Section 366A of the Indian Penal Code.
3. The prosecution case, in short, is that the informant lodged the instant case stating therein, that his daughter, namely, Sunita Kumari aged about 16 years has been enticed away by Pintu Kumar for marrying her. It has also been said that Pintu Kumar is full brother of his son-in-law, namely, Ganesh and Pintu is already married to Soni Devi. It has further been said
Patna High Court CR. MISC. No. 83749 of 2024(2) dt.11-12-2024 2/3 that in the aforesaid occurrence Pintu's mother Paramsheela Devi and his brother Mantu Kumar also helped her.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that the main allegation against coaccused Pintu Kumar who fled with daughter of the informant who is a major girl aged about 18 years as per certificate issued by the Principal of school. It is submitted that the daughter of the informant fell in love with Pintu Kumar and she is major. It is submitted that petitioner no 1 is mother of Pintu Kumar and petitioner no. 2 is the brother of Pintu Kumar. Only on the basis that they being mother and brother of the said Pintu Kumar, they have been made accused in this case. Lastly, it has been submitted that petitioner no. 1 has no criminal antecedent and petitioner no. 2 has one criminal case against him.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Jamui P.S. Case No. 339 of 2024, they shall be released on anticipatory bail upon
Patna High Court CR. MISC. No. 83749 of 2024(2) dt.11-12-2024 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jamui, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T