Yogendra Prasad @ Yogendra Pd. And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18182 of 2017 Arising Out of PS.Case No. -133 Year- 2016 Thana -PIPRA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Yogendra Prasad @ Yogendra Pd. Son of Nanipat Prasad

2. Ashok Prasad @ Ashok Kumar Son of Yogendra Prasad Both residents of Village - Bara Hassan, P.S. Minapur, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mrs. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-05-2017 Heard both sides.

The petitioners apprehend their arrest in Pipra P.S. case No. 133 of 2016 under Section 366A/34 of the Indian Penal Code.

The mother of the victim alleged that her son-in-law, Raj Kumar, came to her house and took her younger daughter, Kavita Kumari, to his house on 20.07.2016 on the pretext that her eldest daughter, wife of Raj Kumar, was ill but when the informant rang her eldest daughter, Sangita, she disclosed that Kavita did not reach her house and she was well. The informant alleged that Raj Kumar kidnapped her younger daughter for the purpose of marriage with the help of petitioners and others.

Patna High Court Cr.Misc. No.18182 of 2017 (2) dt.18-05-2017 2/2 The learned counsel for the petitioners submits that petitioners are father and brother of Raj Kumar. They have no manner of concern with the occurrence. Raj Kumar took his sisterin-law to different places. The victim made her statement under Section 164 of the Cr. P. C. and disclosed that petitioners forcibly got her married with Raj Kumar. Sister of the victim is first wife of Raj Kumar and the allegation against the petitioners is false.

Considering the facts aforesaid and the fact that petitioners are father and brother of Raj Kumar, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, East Champaran at Motihari in Pipra P.S. Case No. 133 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T