Shri Ram Bind And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54017 of 2015 Arising Out of PS.Case No. -31 Year- 2015 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================

1. Shri Ram Bind

2. Shiojanam Bind

3. Ram Janam Bind

4. Rajbansh Bind all sons of Ramanand Bind

5. Rakesh Bind @ Rajesh Bind son of Sri Ram Bind All residents of village - Shahpur, P.S. Bhagwanpur, District Kaimur at Bhabua.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. A.M.P. Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 27-11-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

The accusation is of abducting the minor

Patna High Court Cr.Misc. No.54017 of 2015 (2) dt.27-11-2015 2/3 daughter of the informant.

In 164 Cr.P.C. statement the victim has got her age recorded as 18 years when the court has assessed as 14 years but as per medical opinion the victim was between 14 to 15 years. Though, she has alleged that she was being abducted by Mukesh who wanted to marry her and she suggested the presence of the petitioners also. In 164 Cr.P.C. statement the victim expressed her desire to marry with Mukesh and stay with him.

It is submitted by learned counsel for the petitioners that the thrust of accusation is against Mukesh whereas it is submitted by learned counsel for the informant that the minor daughter of the informant was abducted and in 164 Cr.P.C. statement the victim suggest the participation of the petitioners also.

Considering the thrust of accusation against Mukesh and a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent, it is a case for consideration of prayer for regular bail, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Bhagwanpur P.S. Case No. 31 of 2015 pending in the court of learned Chief

Patna High Court Cr.Misc. No.54017 of 2015 (2) dt.27-11-2015 3/3 Judicial Magistrate, Kaimur at Bhabua.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T