Mahesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46704 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Mahesh Ram Son of Mohan Ram, Resident of Village-Jhitkahiya, P.S.- Lakhaura/ Muffasil, District-East Champaran, Motihari. 2.

Manju Devi @ Ranju Devi Wife of Mahesh Ram, Resident of VillageJhitkahiya, P.S.-Lakhaura/ Muffasil, District-East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma, Adv.

For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-07-2019 Heard both sides.

Petitioners apprehend their arrest in Muffasil (Lakhaura) P.S. Case No.18 of 2019 registered under Sections 366(A), 341, 323, 504, 506 and 34 of the Indian Penal Code. The informant alleged that on 18.12.2018 his wife and his daughter were going to attend the call of nature but petitioners and others kidnapped his minor daughter. Learned counsel for the petitioners submits that the petitioners are the father and the mother of Phool Babu Ram. They have no manner of concern with kidnapping of the daughter of the informant. The occurrence is said to have taken place on 18.12.2018 but the information was given to the police

Patna High Court CR. MISC. No.46704 of 2019(2) dt.29-07-2019 2/2 on 08.01.2019. It is further submitted that the victim returned and made her statement under Section 164 of the Cr.P.C. She denied the factum of her kidnapping. She disclosed that she voluntarily left her house and went to Mumbai along with Phool Babu Ram. She solemnized marriage with him and she is also carrying pregnancy.

Having considered the facts that the victim herself denied the factum of her kidnapping and she disclosed that she voluntarily left her house and went to Mumbai along with Phool Babu Ram and solemnized marriage with him, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 learned C.J.M., Motihari, East Champaran in connection with Muffasil (Lakhaura) P.S. Case No.18 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T