Chamkila And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13197 of 2019 Arising Out of PS. Case No.-157 Year-2018 Thana- BELA District- Sitamarhi ====================================================== 1.

Chamkila wife of Late Habib 2.

Kuraish S/o Late Habib 3.

Gulaam S/o Late Habib All residents of Village- Machhpakouni, P.S.- Bela, District- Sitamarhi. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-03-2019 This is an application for grant of anticipatory bail in connection with Bela P.S. Case No. 157 of 2018, disclosing offences under Sections 376, 120(B) of the Indian Penal Code and Section 3⁄4 of the POCSO Act.

Allegation against co-accused Gulab is of committing rape upon informant and petitioner no.1 happens to be mother and petitioner nos.2 & 3 are the brother of co-accused Gulab and the allegation against these petitioners is that they brought the girl in Panchayati and later on refused to get her marry with the co-accused Gulab.

Submission of learned counsel for the petitioners is that no allegation of rape against these petitioners and

Patna High Court CR. MISC. No.13197 of 2019(2) dt.05-03-2019 2/2 furthermore the girl was found to be major in the medical report, which is Annexure-2.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J. 1st cum Special Judge, Sitamarhi, in connection with Bela P.S. Case No. 157 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T