Baban Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32937 of 2019 Arising Out of PS. Case No.-368 Year-2018 Thana- BUXAR District- Buxar ====================================================== 1.

BABAN RAM Son of Bhola Ram Resident of Village - Chatanwar, P.S.- Krishna Brahm, Distt - Buxar.

2.

Birendra Ram Son of Baban Ram Resident of Village - Chatanwar, P.S.- Krishna Brahm, Distt - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Roy For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Buxar (T) P.S. Case No.368 of 2018/G.R. No.2269 of 2018 registered under Sections 366(A) and 120(B) of the Indian Penal Code. The accusation is of enticing away the daughter of the informant Bindu Devi, by eight persons, named in the F.I.R., including the petitioners.

Learned counsel for the petitioners submits that, in fact, due to love affair, the daughter of the informant left her parental house with Anuj Kumar, the son of the petitioner no.1 and the brother of the petitioner no.2. In her statement recorded under Section 164 of the Code of Criminal Procedure on 17.07.2018, Nisha Kumari, the

Patna High Court CR. MISC. No.32937 of 2019(2) dt.20-05-2019 2/2 daughter of the informant, stated that due to love affair with Anuj Kumar, she left her parental house alone. When she reached at Buxar Station, she made telephonic call to Anuj Kumar, who called her at Bihia. At Bihia, the mother of Anuj met to her and she took her at her house at Bihia and she used to reside there. Later on, she performed the court marriage with Anuj at Ara. Learned counsel for the petitioners submits that being the father and brother of Anuj Kumar, the petitioners have falsely been implicated in this case.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Buxar (T) P.S. Case No.368 of 2018/G.R. No.2269 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T