Patna High CourtCR. MISC./28491/2016bail granted

Kamod Mahto And ORS v. State Of Bihar And ANR

2016-07-25Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28491 of 2016 Arising Out of PS.Case No. -650 Year- 2013 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Kamod Mahto son of Late Anup Mahto,

2. Bijmohan Rai son of Late Grihnath Rai

3. Ranjit Kumar @ Ranjit Rai son of Bidhilal Rai

4. Brij Kishore Rai son of Late Genalal Rai

5. Chhotelal Rai son of Late Genalal Rai

6. Subhash Rai son of Bidhilal Rai All are R/o village-Marar, P.S.- Riga, District Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Vishwanath Sah son of Late Durga Sah, R/o Marar, P.S.- Riga, District Sitamarhi.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha, Adv. For the Opposite Party/s : Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, petitioners are seeking anticipatory bail in connection with Complaint Case No. C1-650 of 2013 registered for offences under sections 366 and 366A of the Indian Penal Code.

Allegation has been made that all the accused persons have taken away the victim-girl for the purposes of marriage. Initially a first information report was lodged. Police after investigation has submitted the Final Form in favour of the

Patna High Court Cr.Misc. No.28491 of 2016 (2) dt.25-07-2016 2/2 petitioners, but on protest, the court below has taken cognizance. In the statement recorded under section 164 Cr. P.C., the victimgirl has specifically stated that she herself entered into the marriage with Pujo Rai and wants to live with him. Looking to facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the court below within a period of four weeks, be enlarged on bail on their furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sadar, Sitamarhi in connection with Complaint Case No. C1-650 of 2013, subject to the condition as laid down under Section 438 (2) Cr. P.C.

(Shivaji Pandey, J) Mahesh/- U T