Gulshan Aara And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11409 of 2015 Arising Out of PS.Case No. -67 Year- 2014 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Gulshan Aara wife of Sahim Alam

2. Mehare Alam @ Raja son of Sheikh Jahir, Both residents of villageHaruhani Jamuniya Tola, P.S.- Dhaka, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Surendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-05-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under sections 364, 363, 366-A of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the victim, as a matter of fact, was in love with one Angad Yadav and she has, in fact, performed marriage with him which was not acceptable to the family members of the victim. He has submitted that petitioner no. 1 is the own aunt of the victim whereas petitioner no. 2 is a co-villager, who is said to have assured the informant as regards her safe recovery. Learned

Patna High Court Cr.Misc. No.11409 of 2015 (3) dt.21-05-2015 counsel for the petitioner has drawn my attention to the statement made by the victim under section 164 Cr.P.C. wherein she is said to have stated that she was not sexually exploited. In view of the facts and circumstances of the case and the nature of allegation, let the petitioners above named, in the event of arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran in connection with Dhaka P.S. Case No. 67 of 2014, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Chakradhari Sharan Singh, J) Amin/- U