Mushahru Sharma @ Musaharu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38365 of 2019 Arising Out of PS. Case No.-30 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== 1.

MUSHAHRU SHARMA @ MUSAHARU SHARMA Son of Radhe Sharma Resident of Village- Rampur Dehru Navtoliya, P.S.- Bihariganj, DistrictMadhepura. 2.

Shobha Devi Daughter of Mushahru Sharma @ Musaharu Sharma Resident of Village- Rampur Dehru Navtoliya, P.S.- Bihariganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Sanjay Kumar Singh For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-07-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Bihariganj P.S. Case No. 30 of 2018, instituted for the offence under Section(s) 366/34 of Indian Penal Code.

Counsel for the petitioners submits that mere suspicion has been raised against the petitioners in the written report.

The victim girl has given statement under Section 164 Cr. P.C. wherein she has stated that she had voluntarily gone with petitioner No. 1. She has not levelled any allegation against petitioner No.2. From the statement of victim girl recorded

Patna High Court CR. MISC. No.38365 of 2019(3) dt.29-07-2019 2/2 under Section 164 Cr. P.C., it appears that she is major and she had gone with petitioner No. 1 out of her own free will. Petitioners are in custody since 22.2.2018 and 13.4.2018 respectively. They have clean antecedent. Considering the aforesaid facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Madhepura, in connection with Bihariganj P.S. Case No. 30 of 2018, subject to the condition that both the bailors will be close relatives of the petitioners.

(Sanjay Priya, J) S.Ali/- U T