Suresh Teli v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26638 of 2024 Arising Out of PS. Case No.-628 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.

Suresh Teli S/o- Moti Jee Teli @ Moti Lal Teli R/o Vill- Sardar Nagar, P.S.- Banera, Dist- Bhilwara, Rajasthan.

2.

Raju Kumar Teli S/o- Moti Jee Teli @ Moti Lal Teli R/o Vill- Sardar Nagar, P.S.- Banera, Dist- Bhilwara, Rajasthan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Gopalpur (Rangra) P.S. Case No. 628 of 2023 instituted for the offences punishable under Sections 363, 366(A), 370, 373, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 10/11 of the Prohibition and Child Marriage Act and 3, 4 and 5 of the Immoral Traffic Prevention Act.

3. As per the prosecution case there is specific allegation against co-accused Karelal Mandal to receive money from one Raju Kumar Teli for the marriage of a minor girl.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.26638 of 2024(3) dt.17-05-2024 2/3 petitioners are innocent and have committed no offence and have falsely been implicated in this case. There is recovery of money as alleged in the FIR from the conscious possession of the co-accused Karelal Mandal and not against these petitioners. He further submits that neither the petitioners are neither the relative of Hiralal Mahto nor Raju Kumar Teli or Suresh Teli and petitioners having clean antecedent as stated in para-4 of the petition and petitioners are in custody since 27.12.2023. Similarly situated co-accused has been granted bail by Coordinate Bench of this Court passed in Cr. Misc. No. 27600 of 2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned 1st Additional District and Sessions Judge, Naugachia, Bhagalpur dated 29.02.2024, it appears that the coaccused had receive the money from one Raju Kumar Teli for the purpose of marriage of a minor girl. Considering all these aspects of the matter, the prayer for bail of the petitioners is allowed. Let the petitioners above named be released on bail after commitment of the case on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M, Bhagalpur in

Patna High Court CR. MISC. No.26638 of 2024(3) dt.17-05-2024 3/3 connection with Gopalpur (Rangra O.P.) P.S. Case No. 628 of 2023, with condition that petitioner after release shall present before the trial Court on each and every date till conclusion of the trial.

(Ramesh Chand Malviya, J) Brajesh Kumar/Vinayak U T