Patna High CourtCR. MISC./34648/2014bail granted

Sanichar Chaupal @ Shinchar Chaupal And ANR. v. The State Of Bihar

2015-01-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34648 of 2014 Arising Out of PS.Case No. -43 Year- 2013 Thana -MARAUNA District- SUPAUL ======================================================

1. Sanichar Chaupal @ Shinchar Chaupal

2. Bihari Chaupal both son of Late Bhuneshwar Chaupal . Both resident of village - Mauahi , P.S . Marauna , District , Supaul . .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha, Advocate. For the Opposite Party/s : Mr. Arun Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2015 Heard both sides.

The petitioners seek bail in Marauna P.S. Case No. 43 of 2013, registered for the offences punishable under Sections 366A and 34 of the Indian Penal Code.

The father of the victim named the petitioners and alleged that they kidnapped his minor daughter for the purpose of marriage.

It is submitted that story of kidnapping appears to be improbable as the victim was sleeping with her mother and in the dead of night the victim is said to have been kidnapped. The victim made her statement under Section 164 of the Cr.P.C. and her age was assessed between 18 to 19 years. She gave a different

Patna High Court Cr.Misc. No.34648 of 2014 (3) dt.16-01-2015 story and it is difficult to say that the victim was kidnapped forcibly from her house rather it can be said that the victim left her house out of her free will. Co-accused Satya Narayan Chaupal has already been enlarged on bail vide order passed in Cr. Misc. No. 52527 of 2013 on 11.03.2014.

Considering the facts aforesaid, the petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Supaul in connection with Marauna P.S. Case No. 43 of 2013.

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