Nanda Mukhiya @ Ramanand Mukhiya And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15266 of 2019 Arising Out of PS. Case No.-193 Year-2018 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

Nanda Mukhiya @ Ramanand Mukhiya Son of Late Ram Vinod Mukhiya 2.

Sikindar Mukhiya Son of Late Ram Chandra Mukhiya Both resident of Village- Kewatgama, Police Station - Kusheshwar Asthan, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha For the Opposite Party/s :

Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-03-2019 This is an application for grant of anticipatory bail in connection with Kusheshwar Asthan P.S. Case No. 193 of 2018, disclosing offences under Sections 363 and 366A of the Indian Penal Code.

Allegation against the petitioners is of kidnapping the minor daughter of the informant.

Submission of learned counsel for the petitioners is that medical report shows that the victim girl aged about 16 to 17 years old and moreover the victim girl married with the petitioner no.1 and in support of the same he has filed an affidavit of the victim girl.

Heard learned A.P.P. also, who opposed the prayer for

Patna High Court CR. MISC. No.15266 of 2019(2) dt.12-03-2019 2/2 anticipatory bail of the petitioners on the ground that the statement of victim girl recorded under Section 164 Cr.P.C. in which she has supported the prosecution case and named the petitioners.

Having heard both sides, in view of the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners, rather they should surrender and make prayer for regular bail and the learned court below shall issue notice to the victim girl and inquired from her about the submission that she has married with the petitioner no.1 and once the learned court below is satisfied, he will pass an appropriate order.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T