Chhote Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64107 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- BELSAND District- Sitamarhi ====================================================== 1.

Chhote Das S/O Late Sukhilal Das R/O Village - Bhandari, P.S. - Belsand, Distt. - Sitamarhi.

2.

Ranjan Devi @ Ranjana Devi W/O Chhote Das R/O Village - Bhandari, P.S. - Belsand, Distt. - Sitamarhi.

3.

Rangila Kumari D/O Chhote Das R/O Village - Bhandari, P.S. - Belsand, Distt. - Sitamarhi.

4.

Priyenkari Kumari @ Priyenka Kumari D/O Chhote Das R/O Village - Bhandari, P.S. - Belsand, Distt. - Sitamarhi. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 363, 366(A)/ 34 of the Indian Penal Code and Section 8 of the POCSO Act.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner nos.2, 3 and 4 are women and the informant alleges that his minor daughter was missing since 04.03.2020, on search, he

Patna High Court CR. MISC. No.64107 of 2021(3) dt.16-08-2022 2/3 came to know that the F.I.R. named accused persons enticed her and have kidnapped her.

The learned counsel for the petitioners submits that the police after investigation submitted final form as would be evident from Annexure-4 to the anticipatory bail application in favour of the petitioners. It is next submitted that even the victim after coming back, got his statement recorded under Section 164 of the Cr.P.C. wherein she disclosed that she is a major and on account of being tortured by her family members, she had gone in the company of Vikash Kumar and solemnized marriage with him and out of the wedlock, she also has a child. It is next submitted that Vikash Kumar was granted bail by order dated 25.08.2021 in Cr. Misc. No.12816 of 2021. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Belsand P. S. Case No.32 of 2020,

Patna High Court CR. MISC. No.64107 of 2021(3) dt.16-08-2022 3/3 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T