Shambhu Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35829 of 2016 Arising Out of PS.Case No. -546 Year- 2012 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Shambhu Ram s/o Late Gopal Ram
2. Sasa Devi W/o Late Gopal Ram
3. Sushila Devi D/o Late Gopal Ram W/o Late Raju Ram All Resident of Village- Piuni Bag Basawariya, P.S.- Bettiah Nagar, District- West Champaran (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-09-2016 Heard both sides.
The petitioners apprehend their arrest in Bettiah Town P.S. case No. 546 of 2012 under Section 365 of the Indian Penal Code.
The informant, father of the victim, alleged that petitioner No.1, Shambhu Ram, enticed his daughter in the year 2004 for marriage but his daughter is still traceless. The informant made allegation that all the petitioners have concealed his daughter and forcing her to do some illicit work. The learned counsel for the petitioners submits that the occurrence took place in the year 2004 but the case was lodged in the year 2012. The father of the victim made allegation that petitioner No.1 solemnized marriage with his daughter, Munni Kumari, and application was given before the Marriage Registrar
Patna High Court Cr.Misc. No.35829 of 2016 (4) dt.26-09-2016 2/2 for registration of marriage in the year 2004 but marriage was never registered.
Considering the fact that petitioner No.1, Shambhu Ram, is said to have solemnized marriage with victim but the victim is still traceless, I am not inclined to enlarge petitioner No.1 on anticipatory bail. Accordingly, the same is rejected. So far as case of petitioners No.2 and 3 is concerned, there is no allegation against petitioners No.2 and 3, who are ladies.
Accordingly, the above named petitioners No. 2 and 3, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah in Bettiah Town P.S. Case No. 546 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T