Bidyanand Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30316 of 2015 Arising Out of PS.Case No. -43 Year- 2012 Thana -SARSI District- PURNIA ======================================================

1. Bidyanand Yadav S/o Late Bindeshwari Yadav

2. Madhu Devi W/o Bidyanand Yadav Both are Resident of Village Masuriya, P.S. Sarai, District Purnia.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-09-2015 It is submitted by learned counsel for the petitioners that petitioner no. 1 Bidyanand Yadav has been arrested, hence, this application on his behalf has become infructuous.

The petitioner no. 2 has renewed her prayer for anticipatory bail in a case registered for the offences punishable under Sections 363, 366A and 120B of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that from the 164 Cr.P.C. statement of the victim which was recorded on 16.09.2014 reflects that the victim got her age recorded as 18 years when the court has assessed as such

Patna High Court Cr.Misc. No.30316 of 2015 (2) dt.09-09-2015 2/2 where she has stated that she has performed marriage with Pankaj and she wanted to reside with him.

Considering the 164 Cr.P.C. statement of the victim, let the learned court below consider the prayer for regular bail of petitioner no. 2 if she surrenders before the learned court below within a period of six weeks from today in connection with Sarsi P.S. Case No. 43 of 2012 pending in the court of learned Judicial Magistrate, Ist Class, Purnea. It is expected from the learned court below to dispose of the bail application of petitioner no. 2 preferably on the same day. With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T