Rita Devi And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.31132 of 2017 (2) dt.13-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31132 of 2017 Arising Out of PS.Case No. -94 Year- 2017 Thana -KOTWALI District- MUNGER ======================================================
1. Rita Devi, wife of Sri Krishna Rajak, resident of village-Mirchi Talab, Dhobi Tola, P.S.-Kotwali, District-Munger
2. Sanjeev Kumar son of Sri Krishna Rajak, resident of village-Mirchi Talab, Dhobi Tola, P.S.-Kotwali, District-Munger
3. Dharmendra Kumar @ Toni son of Sri Krishna Rajak, resident of village-Mirchi Talab, Dhobi Tola, P.S.-Kotwali, District-Munger .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 13-07-2017 Heard the learned counsel for the petitioners and the learned APP for the State.
The petitioners apprehend their arrest in connection with Kotwali P.S. Case No. 94 of 2017 instituted for the offences punishable under Sections 363, 366-A and 34 of the Indian Penal Code.
The allegation is that these petitioners abducted the sister of the informant.
On perusal of F.I.R. and annexures, it appears that the victim was recovered and produced before the Magistrate for recording her statement under Section 164 of the Cr.P.C. She has disclosed her age as 16 years before the Magistrate. She has
Patna High Court Cr.Misc. No.31132 of 2017 (2) dt.13-07-2017 stated that on 20.03.2017, accused Rajeev Kumar Rajak (not petitioner before this Court) called her near Baidhnath Girl High School. She was getting tuition from the said Rajeev Kumar Rajak and when she reached near the school, co-accused Rajeev Kumar Rajak lifted her and reached at Patna where he forcibly married with her. Thereafter, he brought her at Barauni where he established physical relation with her. She has not disclosed the name of any of the petitioners, who are father and brothers of the main accused Rajeev Kumar Rajak is presently in custody. In the facts and circumstances of the case, the anticipatory bail prayer is allowed.
The petitioners, above named, in the event of arrest / surrender within six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kotwali P.S. Case No. 94 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sanjay Kumar, J) ajaypd./- U T