Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19942 of 2012 ====================================================== 1. Manju Devi W/O Agam Singh Resident Of Village- Iniyarpur, P.S.- Begusarai Mufassil, District- Begusarai 2. Jhalo Devi W/O Niwas Kumar Singh Resident Of Village- Iniyarpur, P.S.- Begusarai Mufassil, District- Begusarai .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dudhnath Singh, Advocate. For the Opposite Party/s : Mr. U. L. Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 24-05-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend arrest in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 490 of 2011 for offences punishable under [STATUTE] . According to the First Information Report, the victim girl was residing along with her Nana. On 17.11.2011 at about 3 P.M. his daughter left the house and went to Chowk for purchasing pain but she did not return. A search was made but they failed to trace her out. On 18.11.2011 information was given to Ramgarh Chowk police station Patna High Court Cr.Misc. No.19942 of 2012 (2) dt.24-05-2012 2 / 3 2 about missing of the girl. In course of search the informant met the father of his Sarhu namely Amarendra Kumar Singh who disclosed that he saw Arti Kumari going on a motor cycle with Niwas Kumar Singh of Village Iniyar along with his wife Jhalo Devi. The informant further stated that Niwas Kumar Singh is the Sala of his Sala and accordingly Amarendra Kumar Singh was knowing him from before. It has further come in the First Information report that Pawan Kumar connived with the aforesaid petitioner and kidnapped the victim girl with a view to marry her. Statement under section 164 of the Code of Criminal Procedure shows that she was taken to Delhi and there is no over act on the part of the petitioners. As the petitioners are ladies, the statement of the victim under section 164 of the Code Criminal Procedure does not show any active participation of the petitioners in the marriage. Under the circumstances, in the event of arrest or surrender within four weeks from today the abovenamed petitioners are directed to be released on anticipatory bail on their furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the Patna High Court Cr.Misc. No.19942 of 2012 (2) dt.24-05-2012 3 / 3 3 satisfaction of the Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No.490 of 2011 subject to the conditions as laid down under section 438(2)f of the Code of Criminal procedure and the petitioners will also co-operate with the investigation and trial. The petitioners are directed to file affidavit before the court below and the court below will make a proper enquiry with the same. Vinay/- (Shivaji Pandey, J)

Applicable IPC Section: 363

Statute Text:
Section 363 of the Indian Penal Code. Kidnapping. Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.