Vishmabar @ Tuntun Prasad And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25139 of 2014 Arising Out of PS.Case No. -447 Year- 2013 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ======================================================
1. Vishmabar @ Tuntun Prasad
2. Sarnath Prasad Both S/o Lala Prasad Residents of Railway Quarter No. C/116, Dehri, P.S. Dehri (Dalmianagar), District Rohtas at Sasaram. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Sada Nand Ray For the Opposite Party : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2015 Petitioners are languishing in custody since 11.11.2013 in a case registered for the offences punishable under Sections 366(A), 368, 34 of the I.P.C.
Accusation is kidnapping the minor daughter of the informant. The victim in her 164 Cr.P.C statement got her age recorded as 15 years and learned Court below also assessed as such, where she stated that she was kidnapped on gunpoint by petitioner No. 1 and other accused persons and thereafter co-accused Rishi established forceful physical relationship with whom she was forced to marry and thereafter she was in live-in relationship with Rishi for one year. It is submitted by learned counsel for the petitioners that thrust of accusation is against Rishi and the 164 Cr.P.C statement of the victim suggests that she of her own
Patna High Court Cr.Misc. No.25139 of 2014 (4) dt.22-01-2015 2/2 went in the company of accused persons.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, be released on 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 Adhoc Additional Sessions Judge, 1st, Rohtas at Sasaram in connection with Sessions Trial No. 222 of 2014, arising out of Dehri P.S. Case No. 447 of 2013.
(Dinesh Kumar Singh, J) Shageer/- U T