Brajesh Kumar Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25101 of 2015 Arising Out of PS.Case No. -57 Year- 2012 Thana -PAROO District- MUZAFFARPUR ======================================================
1. Brajesh Kumar Rai S/o Vibhuti Rai Resident of Village Pandeh, P.S. Paroo, District Muzaffarpur.
2. Willian Rai S/o Ram Ayodhya Rai R/o Village Bahadinpur, P.S. Paroo, District Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Manoj For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are in custody in a case registered under Sections 363, 365, 366(A) of the Indian Penal Code. The prosecution case in, brief, is that on 16.4.2012 one Birendra Singh of village Daudpur, P.S. Paroo lodged a written report alleging therein that his daughter Chulbul Kumari was a student of IXth class. On 15.4.2012 at 4 p.m. she had gone to study tuition and in course of return Brajesh Kumar Rai and Willam Rai kidnapped her from way and getting this information some of his family members and villagers went to the house of Vibhuti Rai, father of Brajesh Kumar Rai and told to give the girl
Patna High Court Cr.Misc. No.25101 of 2015 (2) dt.23-07-2015 2/3 in an hour but started to avoid and then he assured to return the girl on next day but on next day morning when they went there they found that all the members of the family have left the house and the house is closed.
On behalf of the petitioners, a supplementary affidavit has been filed. Let supplementary affidavit be kept on the record.
On behalf of the petitioners it has been submitted that the petitioner no.1 is married with the victim girl, namely, Chulbul Devi. The victim girl is personally present in the court and she has also admitted that she is residing with her in-laws. It is also submitted that the petitioners are in custody since 18/03/2015 and the chargesheet has already been submitted in the present case.
On behalf of the State, it has been submitted that the petitioners are named in the FIR.
Considering the facts and circumstances of the case and the fact that the victim girl, in person, has appeared and admitted that she has got married with the petitioner no.1 and is residing with her in-laws, let above named petitioners be released on 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
Patna High Court Cr.Misc. No.25101 of 2015 (2) dt.23-07-2015 3/3 S.D.J.M., (West) Muzaffarpur, in Paroo P.S.Case No.57/2012. (Sudhir Singh, J) singh/- U T