Bikram Chaudhary And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.28842 of 2015 (2) dt.05-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28842 of 2015 Arising Out of PS.Case No. -72 Year- 2015 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Bikram Chaudhary,

2. Jitendra Chaudhary &

3. Shiv Chaudhary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arjun Prasad For the Opposite Party/s : Mr. M.Rab (App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 05-08-2015 Heard.

The case has been registered under Section 366A of the Indian Penal Code. The learned Sessions Judge has recorded that the lady was under 16 years of age. In spite of that attention of the Court has been drawn the statement of the victim recorded under section 164 Cr.P.C. a copy of which appears at page-17 of this petition which indicates as if the lady had voluntarily left her house to go out to a particular place and then to give a ring to the boy with whom she went into a temple to get herself married to him. There does not appear any fact stated by the victim that she was enticed away or taken away or even a blandishment was given to her by the accused. The statement does not disclose the commission of the offence. The further submission is that the petitioners are not said to have taken away the girl.

Patna High Court Cr.Misc. No.28842 of 2015 (2) dt.05-08-2015 Let the above named three petitioners be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of CJM, Gaya in Gaya Mofassil P.S.Case No.72 of 2015. (Dharnidhar Jha, J) Saif/-Brajesh U T