Lal Srivastava @ Lala Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59933 of 2023 Arising Out of PS. Case No.-896 Year-2022 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.

LAL SRIVASTAVA @ LALA SRIVASTAVA son of Vinod Srivastava @ Vinod Lal Village- Garahni shiv Mandir W.No-8, Ps- Charpokhari DistBhojpur 2.

Nilesh Srivastava son of Ashok Srivastava Village- Karaili Ps- aamgarav Dist- Narshinghpur M.P ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for regular bail has been filed by the petitioners registered for the offence punishable under Sections 363 and 366/34 of the Indian Penal Code. As per allegation in the FIR, petitioner had enticed away the minor daughter of the informant for marriage after alluring her while she had gone to local market. It is further alleged that that victim girl had taken away ornaments and cash from her house.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.59933 of 2023(3) dt.07-11-2023 2/2 offence. Victim was in talking term with the petitioner and willingly she had left her house with vaulable items. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has given tutored statement under coercion of her parents. Earlier also she had eloped with petitioner no. 1. Victim is a major girl It is further stated that petitioner no. 1 is still ready to marry with the victim girl. Petitioner no. 2 is innocent and he has no concern with the alleged offence. Both the petitioners are languishing in judicial custody since 13.5.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SDJM, Dehri, Rohtas in connection with Dehri Town P.S. Case No. 896 of 2022.

(Sunil Kumar Panwar, J) sushma/- U