Raushan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27067 of 2016 Arising Out of PS.Case No. -169 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Raushan Kumar Son of Amod Mahto

2. Rita Devi Wife of Amod Mahto Both Resident of village - Anzanpir Bin Tali, P.S. Hajipur Town, Distt. - Vaishali .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2016 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under section 366A/34 of the Indian Penal Code.

Prosecution case is that on 7.3.2016 at 7.30 PM the informant's minor daughter Sabana Praween went to purchase something in the company of Amit Kumar, the petitioners and Amod Mahto but the victim did not return.

It is submitted by the learned counsel for the petitioners that the victim Sabana Praween is living with Amit Kumar and they have performed marriage and a petition to that effect has also been filed by both the sides in the learned court below. The petitioners happen to be the parents of Amit Kumar. In the petition

Patna High Court Cr.Misc. No.27067 of 2016 (2) dt.01-07-2016 filed before the learned court below the victim has claimed to be 19 years of age. Learned counsel for the petitioners submits that the petitioners are ready to get the victim girl appeared before the court below on 28th July, 2016.

It is expected by the learned court below to record the statement of the victim girl.

Considering the aforesaid facts and circumstances, let the petitioners, abovenamed, be released on provisional bail for two months, in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town P.S.Case No. 169/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The provisional bail of the petitioners will be confirmed on production of the victim girl and after her statement being recorded.

(Dinesh Kumar Singh, J) Surendra/- U