Lalbabu Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4624 of 2018 Arising Out of PS.Case No. -218 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Lalbabu Choudhary, S/o Late Daroga Choudhary,

2. Saroj Devi W/o Lalbabu Choudhary,

3. Priyanka Devi W/o Uttam Choudhary,

4. Puja Devi W/o Uttam, All R/o Village- Desari , P.S.- Desari , DistrictVaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kaushal Kishor For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2018 Heard the learned counsels for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Desri P.S. Case No. 218/2017 dated 08.09.2017 instituted for the offences under Sections 363 and 365(A) of the Indian Penal Code.

The informant has alleged that her 16 years old daughter was always vexed by one Amit Kumar Chaudhary whenever she went out to the house to learn the art of tailoring. On the date of the occurrence, it has been alleged that when the daughter of the informant had come out to her house, petitioner no. 3, on some pretext took the daughter of the informant to her house and the daughter of the informant never returned thereafter.

Patna High Court Cr.Misc. No.4624 of 2018 (2) dt.02-02-2018 2/2 Learned counsel for the petitioners has submitted that the daughter of the informant was carrying on an affair with the son of the petitioner nos. 1 and 2 and of her own volition, she has married the son of the petitioner nos. 1 and 2. In her statement under Section 164 of the Cr.P.C. before the learned Magistrate, she has disclosed her age to be 21 years and has stated that because she has gone for an inter-caste marriage, her parents are not agreeable to accept the same. The petitioner nos. 3 and 4 are directly related to petitioner nos. 1 and 2 and one Amit Kumar, who has married the daughter of the informant.

Considering the aforesaid facts, the petitioners above named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Desri P.S. Case No. 218/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T