Awadhesh Kumar Bhagat And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23672 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================
1. Awadhesh Kumar Bhagat Son of Birendra Bhagat
2. Bishwanath Bhagat Son of late Sukhdeo Bhagat
3. Kameshwar Bhagat Son of late Sukhdeo Bhagat All are residents of Village - Rampur Bhikhanpura, P.S. - Sahebganj, District - Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Mishra For the Opposite Party/s : Mr. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-05-2016 Heard learned counsels for the petitioners and the State. The petitioner no. 1 being husband of the daughter of the informant and petitioner nos. 2 and 3 being uncles of petitioner no. 1 are apprehending arrest in a case registered for the offences punishable under Sections 363 and 366A/34 of the Indian Penal Code.
The accusation is of abducting the minor daughter of the informant when she went outside to ease.
It is submitted by the learned counsel for the petitioners that in 164 Cr. P.C. statement the victim got her age recorded as 20 years when the court assessed her age as 20 years where she stated that she of her own married with petitioner no. 1 and she
Patna High Court Cr.Misc. No.23672 of 2016 (2) dt.26-05-2016 2/2 wants to live with him. The court has found her aged about twenty years. The petitioner nos. 2 and 3 are uncles of petitioner no. 1. Considering the 164 Cr.P.C. statement of the victim, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM (West) Muzaffarpur, in connection with Sahebganj P.S. Case No. 48 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T