Shyam Rai @ Shyam Babu Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78968 of 2018 Arising Out of PS. Case No.-579 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ======================================================

1. Shyam Rai @ Shyam Babu Rai and Anr Son of Ram Briksh Rai resident of village Math Majhauli, P.S. Bochahan, District Muzaffarpur

2. Ravi Thakur son of Late Ram Sarowar Singh, Resident of village Mohalla Ahiyapur, P.S. Ahiyapur, District Muzaffarpur. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Jha For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Ahiyapur P.S. Case No. 579 of 2018 registered for offences under sections 376, 506 and 34 of the Indian Penal Code.

A written complaint was filed by the victim girl stating that she was abducted by Indrajeet Kumar and put to sexual assault. It has also been stated that he is distantly related to her. Further allegation has been made that forcibly, she has been put to marriage by Indrajeet Kumar and his family members were also present there.

Learned counsel for the petitioners submits that at

Patna High Court Cr.Misc. No.78968 of 2018(3) dt.15-01-2019 2/2 present both are living together. The petitioners are staff of Indrajeet Kumar who is engaged in trade and business. Let the matter be referred to the court below. The court below will give notice to the victim girl and will find out whether she has been living voluntarily along with Indrajeet Kumar and if the positive finding is recorded, in that event, the petitioners will be granted anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 579 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T