Manoj Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57546 of 2015 Arising Out of PS.Case No. -865 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ======================================================
1. Manoj Paswan, son of Late Nathuni Paswan,
2. Pramod Kumar son of Nathuni Paswan,
3. Geeta Devi @ Bari wali, wife of Nathuni Paswan all are resident of village- Chakmohabbat, P.S- Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Ms. Bela Singh, Adv. For the Opposite Party/s : Ms. Suman Kumari Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 2.
12-01-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioners being the family members of the alleged kidnapper Rakesh Kumar are apprehending their arrest in connection with Ahiapur P.S. Case no. 865/2015 registered for the offences punishable under Sections 363, 366A, 364 of the Indian Penal Code.
Learned counsel for the petitioners submits that the victim girl Anjali Kumari and Rakesh Kumar since appeared before the police and given their statement stating that they had both eloped and had married in a temple. The victim girl stated that she is around twenty years of age.
It is submitted that Anjali Kumari was put up before the
Patna High Court Cr.Misc. No.57546 of 2015 (2) dt.12-01-2016 2/2 medical board for determination of her age and the medical board assessed her age between 17-18 years.
It is further submitted that in view of the statement of the victim girl made before the police and also the fact that the medical board opined that she is between 17-18 years the learned Chief Judicial Magistrate has released her to go wherever she so desirous.
Considering the afore-mentioned fact that medical board held the age of the girl between 17-18 years and that she has herself submitted that the petitioners are in no way part of the alleged kidnapping, let the petitioners, above-named, 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, be released on 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. 865/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J.) Vinita/- U T