Santosh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37620 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== 1.

Santosh Prasad son of Pramanand Prasad Resident of village - Shahpur, P.S. - Shahpur, Distt. - Bhojpur 2.

Madhu Devi Wife of Santosh Prasad Resident of village - Shahpur, P.S. - Shahpur, Distt. - Bhojpur 3.

Binu Kumari @ Anjali Kumari D/o Ashok Prasad Resident of village - Dube Chapra, P.S. - Barhara, Distt. - Bhojpur 4.

Manju Devi Wife of Ashok Shah P.S. - Barhara, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Advocate For the State :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-07-2023 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor (for brevity 'APP') for the State.

2. The petitioners are apprehending their arrest in connection with Barhara P.S. Case No. 111/ 2023 registered for the offence punishable under Sections 365, 366 of the Indian Penal Code (for brevity 'IPC').

3.

One Pawan Kumar, who happens to be son of petitioner No. 4, and other accused persons, including his sisters and brother-in-law have taken away the informant's, 18 years old daughter along with some cash, alluring her for marriage. 4.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.37620 of 2023(2) dt.28-07-2023 2/3 alleged victim, even as per the prosecution case was 18 years old. Victim and Pawan Kumar have solemnized marriage, as is evident from the affidavits shown by them, copies of which have been annexed at Annexure- A-3 series. Petitioners have no criminal antecedents.

5.

Learned APP for the State has opposed the prayer for anticipatory bail.

6.

Having regard to the submissions advanced by the petitioners' counsel, age of victim, affidavits, copy of which in enclosed, and clean antecedents, this Court is inclined to allow petitioners' prayer for grant of anticipatory bail. 7.

Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released 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., Bhojpur at Ara, in connection with Barhara P.S. Case No. 111/2023, subject to the following conditions: (i) That one of the bailors of each of the petitioners will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners concerned. The bailors will also undertake to inform the court if there is any

Patna High Court CR. MISC. No.37620 of 2023(2) dt.28-07-2023 3/3 change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled.

(Madhuresh Prasad, J) Raj kishore/- U T