Jay Jay Ram Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43264 of 2018 Arising Out of PS. Case No.-25 Year-2018 Thana- NOWKOTHI District- Begusarai ======================================================

1. Jay Jay Ram Paswan, S/o Late Gorelal Paswan,

2. Akshay Kumar S/o Shravan Poddar, Both R/o Vill.- Saidpur, P.S.- Naw Kothi, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with Naw Kothi P.S. Case No.25 of 2018 registered for the offenses punishable under Section 366(A)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that pursuant to the last order dated 04.12.2018 passed by learned Coordinate Bench of this Court, a report has now been submitted by the Superintendent of Police, Begusarai. It is pointed out that the victim girl has appeared on her own and her statement has been recorded under Section 164 Cr.P.C. A copy of her 164 Cr.P.C. statement has been enclosed with the report of the Superintendent of Police, Begusarai which reveals that the victim girl has disclosed her age about 21 years and she has further stated that on

Patna High Court Cr.Misc. No.43264 of 2018(5) dt.09-01-2019 2/2 17.03.2018 she had herself gone with one Jyotish Kumar and solemnised marriage in temple, thereafter she had gone to Punjab. She was living with her husband and was willing to live in her Sasural.

So far as the petitioners are concerned it is submitted that they are innocent and had no role to play. Petitioner No.1 is the father and petitioner No.2 is alleged to be the friend of said Jyotish Kumar.

No one appears on behalf of the State to oppose this application.

In the given facts and circumstances considering the 164 Cr.P.C. statement of the victim girl, this Court is inclined to direct that in case of their arrest or surrender in the Court below, the petitioners shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Begusarai in connection with Naw Kothi P.S. Case No.25 of 2018, subject to the conditions under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) sanjeev/- U T