Bhola Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32711 of 2023 Arising Out of PS. Case No.-205 Year-2021 Thana- KAUWAKOL District- Nawada ====================================================== 1.

Bhola Rai S/O- Bal Govind Rai Village- Sekhodeora Ps- Kawakole DistNawada 2.

Girani Rai S/O- Karmani Rai Village- Bijho Ps- Kawakole, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2023 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Kawakole P.S. Case No. 205 of 2021 registered for the offence under Sections 366-A/34 of the Indian Penal Code.

The accused/petitioners are named in the F.I.R. and are in custody since 04.01.2023.

The allegation against the petitioners is to kidnap the minor daughter of the informant, aged about 16 years, for the purpose of illicit intercourse/marriage.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.32711 of 2023(2) dt.07-07-2023 2/3 submitted that implication of petitioners with present case is only for the reason that his love affairs with the victim was not accepted by her parents for only reason that he belongs to different caste. It is submitted that as per statement of victim, as recorded under Section 164 of the Cr.P.C., it appears that she refused to solemnized marriage with this petitioner as he belongs to different caste. It is also submitted that statement of victim, as recorded under Section 164 of the Cr.P.C., is negating the allegation of sexual assault. While concluding the argument, it has been submitted that both petitioners found involved in one more criminal case with same informant, where they are on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation of sexual assault is not available against these petitioners as per statement of victim recorded under Section 164 of the Cr.P.C. coupled with the fact that chargesheet has already submitted, where petitioners are in custody since 04.01.2023, accordingly both the petitioners, above named, are directed to be released on bail in connection with

Patna High Court CR. MISC. No.32711 of 2023(2) dt.07-07-2023 3/3 Kawakole P.S. Case No. 205 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Nawada/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T