Patna High CourtCR. MISC./26831/2016bail granted

Sanjay Kumar And ANR v. The State Of Bihar

2016-09-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26831 of 2016 Arising Out of PS.Case No. -126 Year- 2016 Thana -KANTI District- MUZAFFARPUR ======================================================

1. Sanjay Kumar, Son of- Late Rameshwar Ram.

2. Smt. Sanju Kumari @ Sanju Kumari Wife of- Sanjay Kumar Both are Resident of Village- Arijpur, P.S.- Kurhani, District- Muzaffarpur. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Pritish Kumar Lal, Advocate.

For the Opposite Party : Mr. Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2016 Heard both sides.

The petitioners apprehend their arrest in Kanti P.S. Case No. 126 of 2016 registered for the offences punishable under Sections 366(A), 376 and other Sections of the Indian Penal Code and Section 4 and 6 of the Prevention of Child Sexual Offences Act, 2012.

The victim alleged that she had gone to the house of her Mousi, Sushant Kumar, in absence of her maternal aunt, Mousi, confined her in a room and committed rape with her about three years ago. On 17.03.2016 when her matriculation examination was completed, Sushant Kumar took her to court for solemnizing court marriage. Sushant Kumar took her to Hajipur and again committed rape with her but later on Sushant Kumar, his father and mother

Patna High Court Cr.Misc. No.26831 of 2016 (3) dt.21-09-2016 2/2 refused to marry with the victim.

Learned counsel for the petitioners submits that the petitioners are father and mother respectively of Sushant Kumar. There is no allegation that the petitioners ever persuaded the victim to have sexual relation with Sushant Kumar. Only allegation against the petitioners is that they refused to marry their son with the victim.

Considering the facts aforesaid, 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, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I, Muzaffarpur in Kanti P.S. Case No. 126 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T