Awadhesh Baitha And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.18318 of 2017 (5) dt.02-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18318 of 2017 Arising Out of PS.Case No. -78 Year- 2016 Thana -VIJAYPUR District- GOPALGANJ ======================================================

1. Awadhesh Baitha, Son of Late Jagdish Baitha, Resident of Village - Pakriyar, P.S. - Tarkulwan, District - Deoriya (U.P.).

2. Babloo Baitha, Son of Motiram Baitha, Resident of Village - Musehari, P.S. - Vijaipur, District - Gopalganj.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Mishra For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Vijaypur @ Bijaipur P.S. Case No. 78 of 2016, registered under Sections 341, 323, 366(A) and 506/34 of the Indian Penal Code.

The accusation is of kidnapping of Anjali Kumari, daughter of the informant, by the petitioners and two others named in the F.I.R. with intention to perform the marriage with petitioner no. 1.

Learned counsel for the petitioner submits that, in fact, there was live affair in between the petitioner no. 1 and Anjali

Patna High Court Cr.Misc. No.18318 of 2017 (5) dt.02-08-2017 Kumari, daughter of the informant, and she left the village and performed the marriage with the petitioner no. 1, Awadhesh Baitha, according to her own sweet will and out of wedlock one female child is born on 17.05.2017. It is further submitted that the victim, Anjali Kumari, who is present in the court, has no grievance with the petitioner and expressed her desire to lead her conjugal life with petitioner no.1.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Gopalganj, in connection with Vijaypur @ Bijaipur P.S. Case No. 78 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T