Dhaneshwar Mahto @ Dhaneshwar Sahini @ Dhaneshwar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32031 of 2024 Arising Out of PS. Case No.-101 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== 1.

Dhaneshwar Mahto @ Dhaneshwar Sahini @ Dhaneshwar Sahani son of Nawal Sahani Resident of Diwan Mohalla, Shish Mahal, Hamam, Patna City, Police Station- Khajekalan and District- Patna 2.

Rinku Devi Wife of Dhaneshwar Mahto @ Dhaneshwar Sahini @ Dhaneshwar Sahani Resident of Diwan Mohalla, Shish Mahal, Hamam, Patna City, Police Station - Khajekalan and District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash Chandra, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-08-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent.

4. The informant alleges that on 26.06.2022 his minor daughter aged about 16 years went out of the house at 03:00 p.m. but did not return till institution of the instant FIR. Thereafter a search was made when he came to know that Sonu Kumar used to talk to her and enticed her away on pretext of

Patna High Court CR. MISC. No.32031 of 2024(3) dt.20-08-2024 2/3 marriage. Further, alleges that Sonu Kumar with the help of his parents enticed the daughter of the informant.

5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant being parents of Sonu Kumar. It is further submitted that the victim came back and her statement was recorded under Section 164 Cr.P.C. and she has not supported the case of the prosecution rather has stated that she was in love with Sonu Kumar and they have married. It is next submitted that her statement under Section 164 Cr.P.C. was recorded on 10.01.2023 and her age was assessed as 19 years as would be evident from the order dated 10.07.2023, Annexure-2 to the anticipatory bail application.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.32031 of 2024(3) dt.20-08-2024 3/3 the case is pending/successor court in connection with Mehandiganj P.S. Case No. 101 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T