Feku Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28182 of 2022 Arising Out of PS. Case No.-128 Year-2021 Thana- MAHINDWARA District- Sitamarhi ====================================================== 1.

FEKU RAI Son of Sanyog Rai Resident of village - Kharahua, Ward No.- 11, P.S.- Mahindwara, District - Sitamarhi.

2.

Sanyog Rai Son of Late Jamun Rai Resident of village - Kharahua, Ward No.- 11, P.S.- Mahindwara, District - Sitamarhi. 3.

Ramesh Kumar Son of Raghunath Thakur Resident of village - Kharahua, Ward No.- 11, P.S.- Mahindwara, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-01-2023 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Mahindwara P.S. Case No. 128 of 2021, registered for the offences punishable under Sections 363, 366 (A)/34 of the Indian Penal Code and Section 4/8 of the POCSO Act.

As per allegation, co-accused Bablu Kumar along with the other accused persons kidnapped the minor daughter of the informant.

Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.28182 of 2022(3) dt.24-01-2023 2/2 petitioners are the family members of co-accused Bablu Kumar with whom the alleged victim has solemnized her marriage and she is residing with him as husband and wife. He has submitted further that the victim has filed an affidavit mentioning her date of birth 01.01.2003, and she has stated that she has solemnized her marriage with her own sweet will and she is residing happily and peacefully along with her matrimonial inmates.

On the other hand, learned Addl.P.P. has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, 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 Additional District Judge-VI-cum-Special Judge (POCSO), Sitamarhi in connection with Mahindwara P.S. Case No. 128 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T