Rambha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82891 of 2019 Arising Out of PS. Case No.-397 Year-2017 Thana- NAUTAN District- West Champaran ====================================================== 1.

Rambha Devi Wife of Vijay Nat @ Vijay Nath Resident of Village - Jamuniya, Police Station- Jagdishpur, District - West Champaran. 2.

Vijay Nat @ Vijay Nath Son of Late Basdeo Nat Resident of Village - Jamuniya, Police Station- Jagdishpur, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar No 7, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363, 366(A), 324, 308 and 506/34 of the Indian Penal Code. The FIR relates to kidnapping of the minor daughter of the informant for the purpose of marriage. The victim in her statement under Section 164 of the Cr.P.C. does not allege any kidnapping rather she stated that she had voluntarily left her house, a copy of the statement is at at Annexure-4. The police had not submitted chargesheet against the petitioners. However, the learned Magistrate has differed with the police report and

Patna High Court CR. MISC. No.82891 of 2019(2) dt.13-12-2019 2/2 has already taken cognizance against the petitioners. Considering the statement of the victim girl, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender in the court below within a period of thirty days from the date of receipt of the order, on furnishing bail bond of Rs.20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Ist Additional District & Sessions Judge-cum-Special Judge, (SC/ST/POCSO), Bettiah, West Champaran in connection with Nautan (Jagdishpur) P.S.Case No.397 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) B.Kr./- U T