Ram Babu Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 28452 of 2016 Arising Out of PS.Case No. -53 Year- 2015 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ram Babu Yadav son of Late Ganesh Rai,

2. Soshila Devi w/o Ram Babu Yadav, Both resident of Village- Dumarbana, Police Station- Pakaridayal, District-East Champaran.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

28-07-2016 Heard Sri Anil Kumar, learned counsel for petitioners and Mr. Md. Fahimuddin, learned Addl. Public Prosecutor. Two petitioners, who are father and mother of accused, who has allegedly kidnapped and married with daughter of the informant, have approached this Court for grant of anticipatory bail in Pakaridayal P.S. Case No. 53 of 2015 registered for offence under Sections 366(A)/34 of the Indian Penal Code.

At the very outset, learned counsel for petitioners has drawn my attention to Annexure - 2 to the petition i.e. certified copy of statement of the victim girl recorded under Section 164 of the Cr.P.C. He submits that before the learned Magistrate, the victim girl had disclosed her age as 19 years, which was also

Patna High Court Cr.Misc. No.28452 of 2016 (2) dt.28-07-2016 2/2 assessed by the learned Magistrate and before the learned Magistrate, she made categorical statement that one year prior to her statement, she had solemnized marriage with the son of the petitioners namely Kundan Yadav and she was residing with her husband in Kolkata. She had made statement that she wanted to reside with her husband and in-laws.

Keeping in view the statement of victim girl as well as the fact that petitioners are father and mother of the so called husband of the victim, there is no reason to deny the prayer for anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let both the petitioners namely Ram Babu Yadav and Soshila Devi be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -cum- 5th Sub-ordinate Judge, Motihari in connection with Pakaridayal P.S. Case No. 53 of 2015, subject to condition as laid down under Section 438 (2) of the Cr.P.C.

(Rakesh Kumar, J.) Anay U T