Braj Kishore Rai @ Biltu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43955 of 2019 Arising Out of PS. Case No.-180 Year-2017 Thana- SHEOHAR District- Sheohar ====================================================== Braj Kishore Rai @ Biltu Rai Son of Julum Ray @ Julmi Rai Resident of Village- Rampur Inarwa, P.S.- Bathnaha, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Adv.

For the Opposite Party/s :

Smt. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Sheohar P.S. Case No. 180 of 2017 for the offence punishable under Sections 365, 366(A)/34 of the Indian Penal Code.

The allegation is regarding the accused persons having kidnapped the victim girl, namely, Ramita Kumari, whereafter it is alleged that the petitioner had solemnized marriage with her and had taken her to Delhi and subsequently the victim girl was recovered and handed over to her mother. On the previous occasion, learned counsel for the petitioner had submitted that the victim girl Ramita Kumari and the petitioner have solemnized marriage and they are living

Patna High Court CR. MISC. No.43955 of 2019(7) dt.17-12-2019 2/3 together as also had undertaken to produce the petitioner and the victim girl before this Court. Today the petitioner and the victim girl, namely, Ramita Kumar have been produced by the learned counsel for the petitioner before this Court in person, whereupon the learned A.P.P. Smt. Anita Kumari Singh, has talked to the victim girl, namely, Ramita Kumari and it has transpired that she is living happily with the petitioner after solemnizing marriage with him without any undue pressure and she has got no difficulty at the moment.

Having regard to the facts and circumstances of the case as also considering the fact that the petitioner and the victim girl, namely, Ramita Kumari, are living happily as husband and wife, after solemnizing marriage, without undue pressure, I deem it fit and proper to direct for release of the petitioner on anticipatory bail.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 180 of 2017, subject to the conditions laid down under

Patna High Court CR. MISC. No.43955 of 2019(7) dt.17-12-2019 3/3 Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Tiwary/- U T