Ram Surat Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5753 of 2024 Arising Out of PS. Case No.-168 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== 1.

Ram Surat Rai Son of Kapil Rai R/o vill - Mangeya Dharampur, P.S. - Shewai Patti, Dist. - Muzaffarpur 2.

Marachhia Devi W/o Kapil Rai R/o vill - Mangeya Dharampur, P.S. - Shewai Patti, Dist. - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Awadhesh Rai Son of Late Jang Bahadur Rai R/o vill - Semraha, P.S. - Rajepur, Distt. - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumari Anjali For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-02-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioner apprehend their arrest in connection with Rajepur P.S. Case No. 168 of 2023, registered for the offences punishable under Sections 363, 366(a)/34 of the Indian Penal Code and under Section 4,8,12 of the POCSO Act.

3. As per allegation, when the informant along with his family members was having dinner in his house, the petitioners and co-accused Arvind came there and kidnapped his minor daughter for the purpose of marriage.

4. Learned counsel for the petitioners has submitted that they are the father and the mother of co-accused Arvind against

Patna High Court CR. MISC. No.5753 of 2024(2) dt.17-02-2024 2/2 whom there is allegation of kidnapping of the victim girl. As a matter of fact, the victim has solemnized marriage with son of the petitioners. They have falsely been implicated merely because they are the parents of the main accused.

5. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 7th Addl. Sessions Judge-cum-Special Judge, POCSO Act, Motihari, East Champaran in connection with Rajepur P.S. Case No. 168 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) SONALI/- U T