Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84598 of 2019 Arising Out of PS. Case No.-165 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

Sangita Devi D/O - Upendra Rai 2.

Kavita Devi D/O - Upendra Rai 3.

Shankuntala Devi Wife of Upendra Rai 4.

Upendra Rai Son of Parikshan Rai All Resident of Village - Muraul, P.S.- Bajpatti, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are apprehending their arrest in Bajpatti P.S. Case no. 165/2019 registered under section 366A/34 of the IPC. It is submitted by counsel for the petitioners that petitioner nos. 1 and 2 are sisters, petitioner no.3 is mother and petitioner no.4 is father of co-accused Amit Kumar. Statement of the victim recorded under section 164 Cr.P.C (Annexure 2) belies the prosecution case of abduction as victim claiming herself to be major has said that she on her own volition had gone with Amit with whom she has solemnized marriage.

Patna High Court CR. MISC. No.84598 of 2019(2) dt.19-12-2019 2/2 Learned A.P.P. opposes the prayer for bail.

Considering the aforesaid submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Pupri, Sitamarhi in Bajpatti P.S. Case no. 165/2019 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) 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 undertake to inform the Court if there is any change in the address of the petitioners.

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

(Madhuresh Prasad, J) s.hassan/- U T