Chandeshwar Ram @ Chandan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9484 of 2020 Arising Out of PS. Case No.-167 Year-2018 Thana- THAWE District- Gopalganj ====================================================== CHANDESHWAR RAM @ CHANDAN RAM Son of Ambica Ram Resident of Village - Ramchandrapur, P.S.- Thawe, Dist.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogendra Prasad Sinha, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-03-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Thawe Police Station Case No. 167 of 2018, disclosing offences under Sections 366A/34 of the Indian Penal Code. The allegation against the petitioner, as per the First Information Report is that daughter of the informant was allured by Mamta Devi and Meena Devi who took away the daughter of the informant from her house on the date of occurrence and upon inquiry, the informant came to know that his daughter has been abducted at the behest of Sunita Devi for the purpose of marriage. It has further been alleged that the petitioner Chandeshwar Ram helped the other co-accused person and facilitated them in abducting the daughter of the informant.

Patna High Court CR. MISC. No.9484 of 2020(2) dt.03-03-2020 2/3 Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as the petitioner is the agnate of the informant. Learned Counsel further submits that from the perusal of Annexure-3 which is statement of the victim girl, recorded under Section 164 Cr.P.C. it would be evident that the victim girl has not stated anything against the petitioner. Learned Counsel further submits that from perusal of Annexure-2, it would be evident that the victim girl has submitted an application before the learned Chief Judicial Magistrate stating therein that she has performed marriage with one Manish Kumar voluntarily. Learned Counsel referring to Annexure-4, 5 and 6, submitted that co-accused Sunita Devi and Mina Devi (Cr. Misc. No. 65994 of 2018) Manish Kumar (Cr. Misc. No. 4897 of 2019) and Mamta Devi (Cr. Misc. No. 4729 of 2019) have been granted bail by this Court.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that in the statement of the victim girl recorded under Section 164 Cr.P.C, she has not stated anything against the petitioner, I am inclined to grant the petitioners privilege of anticipatory bail. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.9484 of 2020(2) dt.03-03-2020 3/3 Let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Thawe Police Case No. 167 of 2018, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Niraj/- U T