Ranglal Chauhan @ Ranglal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44772 of 2019 Arising Out of PS. Case No.-375 Year-2017 Thana- BHORE DistrictGopalganj ====================================================== 1.

RANGLAL CHAUHAN @ RANGLAL MAHTO, male, aged about 19 years, S/o Santosh Chauhan R/o village- Hessepur Tole, Siswania, P.S.- Bhore, District- Gopalganj 2.

Gobardhan Rajbhar @ Gobardhan Kumar Rajbhar, male, aged about 24 years, S/o Bashishth Rajbhar R/o village- Hessepur Tole, Siswania, P.S.- Bhore, District- Gopalganj 3.

Bashishth Rajbhar, male, aged about 46 years, S/o Late Kishun Rajbhar R/o village- Hessepur Tole, Siswania, P.S.- Bhore, District- Gopalganj 4.

Chandrawati Devi, female, aged about 40 years, W/o Bashishth Rajbhar R/o village- Hessepur Tole, Siswania, P.S.- Bhore, District- Gopalganj ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Raghav Prasad, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 366(A)/34 of the Indian Penal Code registered in connection with Bhore P.S. Case No. 375 of 2017.

3. It is submitted that the petitioners have been falsely implicated as evident from the statement of the so-called victim girl recorded under Section 164 Cr P.C. wherein she has categorically stated that she had voluntarily accompanied with Govardhan and solemnized marriage with him in the temple. In her statement, she admitted herself to be of 18 years of age. It is

Patna High Court CR. MISC. No.44772 of 2019(2) dt.22-07-2019 2/2 therefore submitted that the ingredients of Section 366A of IPC are not satisfied. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Bhore P.S. Case No. 375 of 2017, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner no. 4 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court to be physically present and petitioner nos. 1, 2, and 3 shall remain physically present in Court on each and every date, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Ibrar//- U T