Raja Sahani @ Raja Babu And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35234 of 2015 Arising Out of PS.Case No. -331 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Raja Sahani @ Raja Babu Son of Punit Sahani

2. Punit Sahani son of Late Shiv Ratan Sahani,.

3. Geeta Devi wife of Punit Sahani.

4. Bindeshwari Sahani son of Vanshi Sahani.

5. Nandu Sahani Son of Vanshi Sahani

6. Ray Mal Sahani Son of late Janakdhari Sahani . .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-08-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 363, 366A, 504 of the Indian Penal Code and section 3(1) (x) (ii) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The accusation is of kidnapping the minor daughter of the informant.

It is submitted by learned counsel for the petitioners that in 164 Cr.P.C. statement the victim got her age recorded as

Patna High Court Cr.Misc. No.35234 of 2015 (2) dt.20-08-2015 2/2 20 years and the learned court below assessed her age as 18 years whereas the medical board assessed her age between 17 1⁄2 - 18 1⁄2 years. In 164 Cr.P.C. statement the victim has stated that she of her own performed marriage with petitioner no.1 in a temple. Petitioner nos. 2 to 6 are family members of petitioner no.1. Considering the 164 Cr.P.C. statement of the victim, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya (Banjariya) P.S. Case No.331 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T