Suresh Rai And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.53873 of 2016 (3) dt.10-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53873 of 2016 Arising Out of PS.Case No. -98 Year- 2016 Thana -MUSRIGHARARI District- SAMASTIPUR ======================================================

1. Suresh Rai S/o Late Muneshwar Rai

2. Puniya Devi W/o Suresh Rai All Resident of Village-Suapakar, P.S.Musarigharari District Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rathore Vasundhara For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioners as well as learned A.P.P. for the State.

The application is for grant of anticipatory bail for the offence under Sections 363/366 (A)/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that no case under Section 366(A)/34 of the Indian Penal Code is made out against the petitioner as the daughter of the informant has married with the petitioner on her sweet-will and she is major, which will appear from the Annexure-2, as the same is a certificate granted by the Bihar School of Examination Board. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.53873 of 2016 (3) dt.10-01-2017 Having heard both sides. In view of the facts as stated above, let the petitioners, above named, be enlarged on provisional bail on submission of the charge-sheet on condition that after submission of the charge sheet, the petitioners shall move for confirmation of bail bond before the learned court below, which will be decided on the basis of material available on record.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U