Nageshwar Ray And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15856 of 2018 Arising Out of PS. Case No.-1 Year-2018 Thana- CHAKAMHESI District- Samastipur ======================================================
1. Nageshwar Ray, S/o Late Chaitu Ray,
2. Chandeshwar Ray S/o Late Chaitu Ray,
3. Bimla Devi W/o Sri Nageshwar Ray, All R/o Village- Gangaura, P.S.- Chakmehsi, P.O.- Kanaujar, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tuhin Shankar For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-04-2018 Heard the learned counsels for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Chakmehsi P.S. Case No. 1 of 2018 dated 01.01.2018 instituted for the offences under Sections 363, 366, 366A, 379 and 34 of the Indian Penal Code.
The sixteen year old daughter of the informant is said to have been enticed away by one Rajeev Kumar and the petitioners for the purposes of marrying her. Later, during the course of investigation, the daughter of the informant gave her statement under Section 164 Cr.P.C. in which she had disclosed her age to be eighteen years and has stated that she has married Rajeev Kumar of her own volition in Delhi and that she
Patna High Court Cr.Misc. No.15856 of 2018(2) dt.06-04-2018 2/2 had gone with him at her own will. She has also expressed her desire to stay with her husband. The petitioners are the parents and uncle of the aforesaid Rajeev Kumar.
Regard being had to the aforesaid statement of the daughter of the informant under Section 164 Cr.P.C., the petitioners above named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1, Samastipur in connection with Chakmehsi P.S. Case No. 1 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T