Gorelal Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4253 of 2017 Arising Out of PS.Case No. -44 Year- 2014 Thana -SHAMBHUGANJ District- BANKA ======================================================
1. Gorelal Das, S/o Late Munga Das
2. Pramila Devi, W/o Gorelal Das
3. Nand Kishore Das, S/o Gorelal Das All are residents of village-Belari, PS- Shambhuganj, District-Banka .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Mukherji For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor.
The petitioners pray for anticipatory bail in connection Shambhuganj PS case no. 44 of 2014 registered for the offence punishable under section 366(A)/34 of Indian Penal Code. It is submitted on behalf of petitioners that as a matter of fact, victim girl is married with petitioner no. 3 and now, she is living happily with him. It is further submitted that her statement was also recorded under Section 164 of Code of Criminal Procedure which is Annexure-2 to this petition and in that statement, she has accepted that she had married with petitioner no. 3 and she is living happily. It is further submitted that now, they have one child out of the wedlock.
Patna High Court Cr.Misc. No.4253 of 2017 (2) dt.10-02-2017 2/2 Heard learned A.P.P. also.
Considering aforesaid facts and circumstances, let the petitioners surrender before the Court below within a period of four weeks from today and make prayer for regular bail and the Court concerned will consider their prayer in the light of the statement of the victim girl recorded under Section 164 of Code of Criminal Procedure that she has married with petitioner no. 3 and compromise petition was also filed before the Court below and after considering this aspect of the matter, the Court below will dispose of the case of the petitioners on the very same day without being prejudiced by the order of this Court.
With these observations, this bail application is disposed of.
(Vinod Kumar Sinha, J.) rinkee/- U T