Mohan Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32987 of 2015 Arising Out of PS.Case No. -117 Year- 2012 Thana -PALANWA District- EAST CHAMPARAN(MOTIHARI) ======================================================

1. Mohan Paswan, Son of Shankar Paswan,

2. Binda Devi @ Bindu Devi, Wife of Mohan Paswan,

3. Ranju Kumari, Daughter of Mohan Paswan All resident of Village - Sunderpur Khap, P.S. - Chiraya, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Ajay Kumar Singh, Advocate For the S t a t e : Mr. Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-08-2015 Heard learned counsel for the petitioners and the learned counsel for the State.

The petitioners are apprehending their arrest in a case registered for the offences under Sections 376, 366, 366A, 323 and 504/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the allegation against these petitioners is that the daughter of petitioner No.1 Ranju Kumari had taken away the victim girl from her house. Thereafter she disappeared. It is submitted that subsequently the victim girl came back and gave her statement under Section 164 Cr.P.C. that she had married to

Patna High Court Cr.Misc. No.32987 of 2015 (2) dt.20-08-2015 2/3 one Deeraj Kumar in a Mandir and has stated that petitioner No.1 was instrumental in getting the marriage performed in the Mandir. Learned counsel for the petitioners, however, submits that it was a love marriage between the victim and said Deeraj Kumar and they had no role to play and it was only because that Ranju Kumari was the friend of the daughter of the informant, that the present allegation has been made against them.

Considering the fact that Petitioner No.1 had been instrumental in having the marriage performed and the victim girl is a minor, I am not inclined to grant anticipatory bail to petitioner No.1 Mohan Paswan. It is, accordingly, rejected. However, Petitioner No.2 Binda Devi @ Bindu Devi, and Petitioner No.3 Ranju Kumari, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 Sri N.K. Priyadarshi, learned Judicial Magistrate, 1st Class, Raxaul at Motihari, East Champaran, in connection with Tr. No.3514/15 arising out of Palanwa P.S. Case No.117 of 2012 (G.R. No.902/12), subject

Patna High Court Cr.Misc. No.32987 of 2015 (2) dt.20-08-2015 3/3 to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T