Rambriksh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7341 of 2022 Arising Out of PS. Case No.-145 Year-2021 Thana- MANPUR District- Nalanda ====================================================== 1.

Rambriksh Yadav Son Of Sibal Yadav R/O Village- Goriapar, P.S.- Manpur, District- Nalanda 2.

Nitish Kumar Son Of Rambriksh Yadav R/O Village- Goriapar, P.S.- Manpur, District- Nalanda 3.

Satish Kumar Son Of Rambriksh Yadav R/O Village- Goriapar, P.S.- Manpur, District- Nalanda ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar, Pramod Kumar, Advocates For the Opposite Party/s :

Mr.PK Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2022 Petition for pre-arrest bail of petitioner no. 1 and 3 has already been dismissed as withdrawn vide order dated 19.7.2022.

Heard learned counsel for the petitioner no. 2 and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 379/363 and other ancillary sections of the Indian Penal Code.

Prosecution case is that all the accused persons including petitioner no.2 took the informant to a temple on the point of pistol and forcibly performed his marriage with an unknown girl. Petitioner no.2 is also alleged to have taken away mobile phone from the pocket of the informant. Learned counsel for the petitioner no. 2 submits that

Patna High Court CR. MISC. No.7341 of 2022(3) dt.28-07-2022 2/2 there is no allegation of committing overt act against this petitioner. There is delay of nine days in lodging the FIR. Informant is major as such section 9 of Child Marriage Act would not be applicable in this case. Petitioner has got no criminal antecedent.

Considering the aforesaid facts of the case, prayer for bail of the petitioner no. 2 is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in Manpur Police Station Case No. 145 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T