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Patna High CourtCR. MISC./79203/2019bail granted

Sripati Devi @ Shivkali Devi v. The State Of Bihar

2019-12-18Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79203 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- BARGAINIA District- Sitamarhi ====================================================== 1.

Sripati Devi @ Shivkali Devi Wife of Late Raghuveer Yadav @ Late Raghuveer Rai Resident of Village - Pachtaki Yadu, P.S.- Bairgania, DistrictSitamarhi 2.

Suresh Rai Son of Ram Kripal Rai Resident of Village - Pachtaki Yadu, P.S.- Bairgania, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Bairgania P.S. Case No.152 of 2019, registered for the offence punishable under Sections 363, 366A, 372/34 of the Indian Penal Code and Section 8 of POCSO Act. Allegation against the co-accused including the petitioners is to have enticed away the daughter of the informant for the purpose of marriage, however, counsel for the petitioners submits that the petitioner no.1 is Nani of co-accused Krishnanandan, whereas the petitioner no.2 is father of coaccused Krishnanandan. The victim was in love with co-accused

Patna High Court CR. MISC. No.79203 of 2019(2) dt.18-12-2019 2/2 Krishnanandan. The victim has been examined by the doctor and the doctor has found her age between 18-19 years. He further submits that co-accused Krishnanandan against whom there is specific allegation is in jail custody. Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory 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 bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-cum-Special Judge, POCSO Act, Sitamarhi in connection with Bairgania P.S. Case No. l52 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Shivaji Pandey, J) V.K.Pandey/- U T