Prayag Das And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38134 of 2015 Arising Out of PS.Case No. -133 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Prayag Das S/o Late Raghunath Das

2. Phulena Das S/o Late Ramayan Das

3. Rajendra Das @ Rajendra Sah S/o Jokhan Das. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s : Mr. Indu Kumari Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-09-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 363 and 366A/34 of the Indian Penal Code.

Accusation is of kidnapping the minor daughter of the informant. In 164 Cr.P.C. statement of the victim was recorded on 05.06.2015 wherein she has alleged that she was being kidnapped by five persons including the petitioners and on alarm being raised she was saved by the villagers from their captivity.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.38134 of 2015 (2) dt.22-09-2015 2/2 that the victim filed an application before the learned court below on 04.06.2015 to the effect that she was not kidnapped by anyone in fact she of her own went in the company of Manoj Ram and performed marriage with him in a temple. The inconsistency between the petition and 164 Cr.P.C. statement of the victim and in the medical examination the victim was found to be 17 1⁄2 and 18 1⁄2 years of age constitute ground for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Motihari Muffasil P.S. Case No.133 of 2015, pending before the learned SDJM, Sadar, Motihari, East Champaran.

With the above observation, this application is, accordingly, disposed off.

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