Shaurya Samrat @ Shivam @ Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39720 of 2023 Arising Out of PS. Case No.-114 Year-2022 Thana- MOKAMAH District- Patna ====================================================== 1.

Shaurya Samrat @ Shivam @ Shivam Kumar, Son of Mukesh Sharma, Resident of Village - Ladwan, P.S.- Barh, District - Patna Presently Residing at South Ramna Road Near Aditya Hotel, P.S.- Nawada, District - Bhojpur, Ara).

2.

Manoj Kumar, Son of Rameshwar Prasad Singh, Resident of Mohalla - Ram Lakhan Singh, Mahila College Moldiyar Tola Ward No.- 11, P.S.- Mokama, District - Patna 3.

Mansi Kumari @ Surabhi Kumari, Daughter of Manoj Kumar, Resident of Mohalla - Ram Lakhan Singh Mahila College Moldiyar Tola, Ward No.- 11, P.S.- Mokama, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the State :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Mokama P.S. Case No. 114 of 2022 registered for the offences punishable under Sections 366 (A)/34 of the Indian Penal Code.

3. Allegation against the petitioners is that they have abducted the informant's daughter with intention to marry.

4. Learned counsel for the petitioners submits that daughter of the informant is major which appears from her Aadhar Card. In her statement recorded under Section 164

Patna High Court CR. MISC. No.39720 of 2023(2) dt.28-07-2023 2/2 Cr.P.C. she has stated that due to torture and harassment meted out by her parents she went to Banaras with her friend. There is no allegation of overt act against the petitioners. He further submits that the daughter of informant herself left her house without any allure or forced to go away from her house. Petitioners have no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Mokama P.S. Case No. 114 of 2022, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T