Mahesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35909 of 2019 Arising Out of PS. Case No.-326 Year-2018 Thana- EKMA District- Saran ====================================================== 1.

Mahesh Ram, Son of Late Algo Ram 2.

Rita Devi @ Jhunia Devi Wife of Late Algo Ram Both are Residents of Village - Pandeypur, P.S.- Darounda, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Singh For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-06-2019 Heard learned counsel for the parties.

The petitioners apprehend their arrest in connection with Ekma P.S.Case No. 326 of 2018 registered under Sections 366A/34 of the Indian penal Code.

Allegation against the petitioners is of abducting the victim girl Rinku Kumari. Petitioners are brother and mother of the boy Santosh Ram. There appears to be love affair between the victim girl Rinku Kumari and Santosh Ram, son of petitioner no. 2.

Learned counsel for the petitioners submits that there is love affair between Santosh Ram and victim girl. He submits that girl is major, aged about 18 to 19 years, which will be evident from Annexure-3, which is an ordersheet, in which

Patna High Court CR. MISC. No.35909 of 2019(2) dt.10-06-2019 2/2 learned A.C.J.M.-1st, Saran has allowed Rinku Kumari to go with person of her own choice with whom she wants to reside. Learned counsel further placed Annexure-2, which is statement of victim girl, recorded under Section 164 Cr.P.C. before the Magistrate, in which she has categorically stated that she has married with Santosh Ram in a temple and she wants to live with her husband.

After having considered the submissions of the parties and the materials available on record, I am inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, are directed to be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned ACJM 1st, Saran at Chapra in connection with Ekma P.S. Case No. 326 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T