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Patna High CourtCR. MISC./27530/2024bail granted

Ram Ishwar Rai v. The State Of Bihar

2024-09-23Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27530 of 2024 Arising Out of PS. Case No.-278 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== 1.

Ram Ishwar Rai Son Of Harihar Rai Resident Of Village - Rampur Khairi, P.O. - Pohiyaar, P.S. - Jandaha, District - Vaishali 2.

Mita Devi Wife Of Ram Ishwar Rai Resident Of Village - Rampur Khairi, P.O. - Pohiyaar, P.S. - Jandaha, District - Vaishali 3.

Vishwanath Rai Son Of Ram Ishwar Rai Resident Of Village - Rampur Khairi, P.O. - Pohiyaar, P.S. - Jandaha, District - Vaishali 4.

Anjali Devi @ Anjali Kumari Daughter Of Ram Ishwar Rai Resident Of Village - Rampur Khairi, P.O. - Pohiyaar, P.S. - Jandaha, District - Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Arun Rai Son Of Dobhi Rai Resident Of Lavapur Narayan, P.S. - Mahnar, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vasant Vikas, Advocate For the Opposite Party/s :

Mrs.Renu Kumari, APP Mr. Shanti Bhushan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for opposite party no. 2.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 363(A)/365 of the Indian Penal Code, Sections 9, 10, 11 of the Child Marriage Act, 2006 and Sections 8, 9 of the POCSO Act, 2012.

3. The case of the complainant, in short, is that his minor son (aged about 17 years) was kidnapped on 09.03.2023 at 2 PM by all the F.I.R. named accused persons including this

Patna High Court CR. MISC. No.27530 of 2024(5) dt.23-09-2024 2/3 petitioner to solemnize his marriage with a widow namely Anjali Devi, who is widow of elder son of complainant/ informant.

4. Learned counsel for the petitioners submits that petitioner no. 1 & 2 are Samadhi of the opposite party no. 2, petitioner no. 3 is brother-in-law of deceased son of opposite party no. 2 and petitioner no. 4 is daughter-in-law of opposite party no. 2. There is general and omnibus allegation. The complaint has been filed after a delay of 19 days. The victim (son of opposite party no. 2), in his statement recorded under Section 164 Cr.P.C., has not named or stated anything wrong against these petitioners. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State and learned counsel for the opposite party no. 2 opposed the bail petition.

6. Considering the aforesaid facts and circumstances as well as statement of the victim recorded under Section 164 Cr.P.C., let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VI-cumSpecial Judge, POCSO, Vaishali at Hajipur in connection with

Patna High Court CR. MISC. No.27530 of 2024(5) dt.23-09-2024 3/3 Mahnar P.S. Case No. 278 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T