Ram Chandra Raut @ Ram Chandr Raut And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26910 of 2015 Arising Out of PS.Case No. -15 Year- 2015 Thana -BABUBARHI District- MADHUBANI ======================================================
1. Ram Chandra Raut @ Ram Chandr Raut Son of Janak Raut,
2. Suresh Raut Son of Ramchandra Raut @ Ramchandra Raut Singh,
3. Jite Raut @ Jitendra Singh son of Shiv Chandra Raut, resident of VillageBeldarhi, P.S.- Babubarhi, District- Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the Opposite Party/s : Mr. Ashraf Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-11-2015 Heard learned counsel for the petitioner, learned Additional P.P. as well as learned counsel for the informant. The petitioners apprehend their arrest in Babubarhi P.S. Case No. 15 of 2015, registered for the offences punishable under Sections 366A, 376, 365, 363 and 498A of the Indian Penal Code and 3⁄4 of the POCSO Act.
The informant (father of the victim) filed a complaint case on the basis of which the present FIR was lodged. The informant alleged that her daughter Dukhani Devi was married with Suresh Raut and his brother Ganesh Raut is alleged to come to the house of the informant and he developed intimacy with his minor daughter Mithilesh Kumari. It is further alleged that all the
Patna High Court Cr.Misc. No.26910 of 2015 (4) dt.26-11-2015 2/3 accused persons kidnapped Mithilesh Kumari. Ganesh Raut and Suresh Raut also established physical relation with her. Learned counsel for the petitioners submits that the victim Mithilesh Kumari made her statement under Section 164 of the Cr.P.C. and she herself disclosed that on the pretext of marriage Ganesh Raut established physical relation with her. Petitioners are father, brother and relative of Ganesh Raut. Learned counsel for the informant submitted that the victim is still ready to live with Ganesh Raut. The petitioners are father, brother and relative of Ganesh Raut and there is no allegation against the petitioners that they ever persuaded Mithilesh Kumari to have physical relation with Ganesh Raut, rather Mithilesh Kumari herself stated that Ganesh Raut established physical relation with her on the pretext of marriage.
Considering the facts aforesaid, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court Cr.Misc. No.26910 of 2015 (4) dt.26-11-2015 3/3 Madhubani in connection with Babubarhi P.S. Case No. 15/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) Rakhi U T