Arun Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5465 of 2017 Arising Out of PS.Case No. -135 Year- 2016 Thana -BELDAUR District- KHAGARIA ======================================================
1. Arun Sharma, son of Kedar Sharma,
2. Kanchan Devi wife of Arun Sharma,
3. Mamta Devi, wife of Dharmendra Sharma &
4. Pintu Ram @ Pintu Kumar Ram, son of Charitar Ram All resident of village-Pirnagra, P.S. Beldaur, District-Khagaria. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr.Barat Bhushan, Advocate For the Informant : Mr. Mritunjay Kumar, Advocate. For the Opposite Party : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-02-2017 Heard learned counsel for the petitioners, learned counsel for the Informant and learned counsel for the State. The petitioners are apprehending their arrest in connection with Beldaur P.S. Case No. 135 of 2016 for the offences instituted under Sections 366(A) and 34 of the Indian Penal Code.
As per prosecution case, it has been alleged that these petitioners and other named accused abducted the complaint's daughter for the purpose of marrying her or for some ill motive. It has been submitted on behalf of the petitioners that the daughter of the complainant is major and she voluntarily married with Suman Kumar, son of petitioner no.1 Arun Sharma who is an accused in this case. The victim was produced before the Magistrate who gave statement that she voluntarily married with
Patna High Court Cr.Misc. No.5465 of 2017 (2) dt.06-02-2017 2/2 co-accused Suman Kumar and is residing as husband and wife and she disclosed her age as 21 years, but her age has been assessed as 19 years. The other co-accused Suman Kumar has been allowed anticipatory bail by the learned court below in ABP No.02 of 2017 dated 12.01.2017.
On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the age of the victim as assessed by the court below and her denial of abduction by the petitioners and also the fact that the main accused Suman Kumar is enjoying the privilege of anticipatory bail, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Beldaur P.S. Case No. 135 of 2016 arising out of Complaint Case No.664C of 2016 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sanjay Kumar, J) B.Kr./- U T