Pappu Bhagat And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.50201 of 2015 (4) dt.09-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50201 of 2015 Arising Out of PS.Case No. -843 Year- 2014 Thana -SAHARSA District- SAHARSA ======================================================

1. Pappu Bhagat Son of Chhote Lal Bhagat

2. Bare Lal Bhagat Son of Chhote Lal Bhagat Both resident of village - Katchary Dhala, Ward No. 1, P.S. + District - Saharsa .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 366A/34 of the Indian Penal Code. Later on, Section 4 of the Protection of Children from Sexual Offence (POCSO) Act has also been added.

As per prosecution case, daughter of the informant was found missing when she did not return from school till evening on that date and it was alleged that she had been kidnapped for the purpose of marriage.

It is submitted on behalf of the petitioners that they have got no criminal antecedent. From perusal of the F.I.R. it is evident that petitioners along with one Rahul Kumar had eloped with the victim girl for which the present case was instituted. From perusal of Annexure-2 it is evident that the informant has filed a petition in the court below where it has been stated that the victim girl had already married the co-accused Rahul Kumar and they are leading a life as husband and wife and the informant does not want to pursue the present case.

On behalf of the State, it is submitted that petitioners are

Patna High Court Cr.Misc. No.50201 of 2015 (4) dt.09-02-2016 named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge-cum-Special Judge, Saharsa, in connection with Saharsa P.S. Case no. 843 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T