Ram Vati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57692 of 2022 Arising Out of PS. Case No.-22 Year-2021 Thana- LAUKAHI District- Madhubani ====================================================== 1.

Ram Vati Devi Wife Of Kameshwar Chaupal R/V- Belhi Bhawanipur, P.SLaukahi, Dist- Madhubani 2.

Sulekha Kumari Daughter Of Kameshwar Chaupal R/V- Belhi Bhawanipur, P.S- Laukahi, Dist- Madhubani 3.

Pradeep Kumar Chaupal Son Of Kameshwar Chaupal R/V- Belhi Bhawanipur, P.S- Laukahi, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-01-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 363, 366A, 341, 323, 504 read with Section 34 of the Indian Penal Code. As per the prosecution case, the petitioners and the co-accused persons are alleged to have kidnapped the minor daughter of the informant, aged about 15 years for the purpose

Patna High Court CR. MISC. No.57692 of 2022(3) dt.30-01-2023 2/3 of marriage. When the informant went to the house of the coaccused person, the father of the co-accused person started abusing and assaulted her by fists and slaps. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioner no. 1 is the mother, the petitioner no. 2 is the sister and the petitioner no. 3 is the brother of the co-accused Chandan Chaupal. The allegations against the petitioners are to caught hold of the victim. The victim in her statement recorded under section 164 Cr.P.C. has not stated that she was forced to have sexual relation with another person. There is general and omnibus allegation against the petitioners.

He has further submitted that there was love affairs between the victim and the co-accused Chandan Chaupal. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.57692 of 2022(3) dt.30-01-2023 3/3 the like amount each to the satisfaction of learned court concerned, Jhanjharpur, Madhubani in connection with Laukahi P.S. Case No. 22 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T