Ramdulari Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55914 of 2018 Arising Out of PS.Case No. -289 Year- 2017 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Ramdulari Devi, Wife of Prayag Mukhiya,

2. Prayag Mukhiya, Son of Late Rameshwar Mukhoya,

3. Manoj Kumar, Son of Prayag Mukhiya, All resident of VillageThumma, Police Station- Runnisaidpur, District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 363, 366(A), 34 of the Indian Penal Code registered in connection with Runnisaidpur P.S. Case No. 289 of 2017.

3. It is submitted that the petitioners have been falsely implicated as is evident from the deposition of the socalled victim girl recorded under Section 164 Cr.P.C. wherein she is claimed to be 21 years of age and also assessed as such. She stated that she has voluntarily accompanied the petitioner no. 3 and solemnized marriage with him. The Medical Board has also

Patna High Court Cr.Misc. No.55914 of 2018 (2) dt.08-10-2018 2/3 assessed her age to be between 16 and 18 years. The petitioner nos. 1 and 2 have been implicated, who happens to be the parents of petitioner no.3. Petitioners claim clean antecedent.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M., Sitamarhi, in connection with Runnisaidpur P.S. Case No. 289 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions :

(i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present

Patna High Court Cr.Misc. No.55914 of 2018 (2) dt.08-10-2018 3/3 in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) N.H./- Chandran U T