Rajan Yadav @ Reshi Muni @ Rajan Kumar @ Rajan Kumar Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52050 of 2015 Arising Out of PS.Case No. -32 Year- 2015 Thana -MAHILA P.S. District- BHAGALPUR ======================================================

1. Rajan Yadav @ Reshi Muni @ Rajan Kumar @ Rajan Kumar Yadav

2. Tun-Tun Yadav.

3. Ramjee Yadav.

4. Pannalal Yadav.

5. Rekha Devi.

6. Pinki Devi.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mr. Rajesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-11-2015 Heard learned counsels for the petitioners and the State. The petitioner no.1 being the husband of the informant and petitioner nos. 2 to 6 being the brothers, father and brother's wife of the petitioner no.1 are apprehending arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 504 and 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioners that petitioner no.1 was kidnapped on 12.03.2011 and was forced to marry with the informant. After release, petitioner no.1 filed

Patna High Court Cr.Misc. No.52050 of 2015 (2) dt.06-11-2015 2/2 Complaint Case No. 184 of 2011 wherein process has been issued after cognizance being taken on 28.05.2012. Statement to that effect has been made in para 10 of the petition. It is further submitted that at the time of marriage, petitioner no.1 was about 13 years of age.

Considering the case lodged by the petitioners' side in the year 2011 whereas present FIR was registered in the year 2015, factum of marriage and age being in dispute, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Naugachia in connection with Naugachia Mahila P.S. Case No. 32 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T