Suraj Mahto @ Suraj Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8137 of 2017 Arising Out of PS.Case No. -325 Year- 2016 Thana -RUNISAIDPUR District- SITAMARHI ======================================================
1. Suraj Mahto @ Suraj Kumar S/o Pramod Mahto
2. Akhilesh Choudhary S/o Dinesh Choudhary Both R/o Village-Baligarh, P.S.-Runni Saidpur, District-Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The Petitioners seek bail in Runnisaidpur P.S. Case No. 325 of 2016 instituted for the offence under Section(s) 363, 366A of the Indian Penal Code.
It is alleged that informant did not find his daughter in the house on the date of occurrence. He learnt that these petitioners and other accused were seen with his daughter at auto-rickshaw. The victim was recovered and her statement under Section 164 Cr.P.C has been recorded wherein she has stated that she was taken by these petitioners and one other accused persons.
Patna High Court Cr.Misc. No.8137 of 2017 (2) dt.08-03-2017 2/3 The petitioner No. 1 Suraj Mahto took her to Jaipur. He kept her for three months and established physical relationship. The statement of the victim girl was recorded on 25.10.2016 and thereafter vide Annexure-4 the victim girl has filed a complaint against her father and other family members on 26.11.2016 alleging that they forcibly got her statement recorded under Section 164 Cr.P.C in the Court after giving fear to her. It has been submitted on behalf of the petitioners that the victim girl is living in her Sasural after marrying with petitioner No. 1 and she is at present pregnant. In such circumstances, from the statement of the victim girl recorded under Section 164 Cr.P.C on 25.10.2016 and the subsequent complaint filed by her on 26.11.2016 at Annexure-4, it appears that this is a matter of love affairs between the petitioner No. 1 and the victim girl.
The petitioners are said to be in custody since 25.10.2016 and 25.11.2016.
In the 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 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court Cr.Misc. No.8137 of 2017 (2) dt.08-03-2017 3/3 Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 325 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J) Shageer/- U T