Suresh Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29869 of 2015 Arising Out of PS.Case No. -32 Year- 2015 Thana -KARJA District- MUZAFFARPUR ======================================================

1. Suresh Sharma

2. Mahesh Sharma

3. Umesh Sharma Sons of Ram Prasad Thakur

4. Dipak Kumar Son of Suresh Sharma resident of village - Barauna, Police Station - Karja, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pancham Lal Jaiswal For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-07-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Karja P.S. Case No. 32 of 2015 registered for the offence under Sections-366(A)/34 of the Indian Penal Code.

According to prosecution case itself, it was coaccused, Dileep Kumar who took the victim although the impugned order of learned Sessions Judge reflects that co-accused, Dileep Kumar and the victim are still traceless but it is informed on behalf of the petitioners that recently, the victim returned and gave her statement u/S 164 of the Cr. P.C. in which, she

Patna High Court Cr.Misc. No.29869 of 2015 (2) dt.30-07-2015 2/2 specifically, stated that she solemnized her marriage with coaccused, Dileep Kumar and the Medical Board assessed the age of victim as 17-18 years. It is also informed that co-accused, Dileep Kumar has already been granted privilege of bail by the learned court below itself.

Taking note of the aforesaid submissions as well as facts and circumstances as well as submission of the parties, let petitioners named above, in the event of their arrest or surrender within four weeks from the date of receipt/production of copy of order in the court below, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Karja P.S. Case No. 32 of 2015 to the satisfaction of Smt. Rashmi, Judicial Magistrate-Ist Class, Muzaffarpur subject to conditions as laid down u/S 438(2) of the Cr. P.C.

(Hemant Kumar Srivastava, J) A.K.V./- U T