Pankaj Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11605 of 2017 Arising Out of PS.Case No. -156 Year- 2016 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Pankaj Kumar, S/o Indradeo Prasad

2. Indradeo Prasad, S/o Late Kameshwar Prasad

3. Bulli Devi, W/o Indradeo Prasad All residents of village - Harprasad Bigha (Konharpur), Police Station - Ven, District - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Munna Kumar, son of Kishori Prasad, r/o village Kathanpura, P.S. Noorsarai, Distt. Nalanda.

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

For the Petitioner/s : Mr. Sunil Prasad, Advocate. For the Opposite Party/s : Mr. Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-04-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Noorsarai P.S. Case No. 156 of 2016 instituted for the offence under Sections 342, 323, 363, 365 and 120(B) of the Indian Penal Code. There is allegation in the written report that the petitioners forcibly performed marriage of the informant Munna Kumar with Pratima Kumari, daughter of petitioner No. 2. The victim girl Pratima Kumari is present in Court. She has stated that her marriage was not performed under force. The girl is major. The informant is also present. He has supported the case. But from the statement of girl given in the Court, it appears that the marriage of the informant was

Patna High Court Cr.Misc. No.11605 of 2017 (4) dt.10-04-2017 2/2 performed with the victim Pratima Kumari.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Noorsarai P.S. Case No. 156 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Nalanda at Biharsharif, subject to the conditions as laid down under Section 438

(2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T