Patna High CourtCR. MISC./51249/2015rejected

Chandan Ram And ANR v. The State Of Bihar

2016-01-25Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51249 of 2015 Arising Out of PS.Case No. -107 Year- 2015 Thana -BARAULI District- GOPALGANJ ======================================================

1. Chandan Ram son of Shivratan Ram

2. Raju Ram son of Shivratan Ram Both resident of VillageMahammadpur, Nilami Tola Kerwania, Police Station- Barauli (Madhopur O.P.), District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Satyavrat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 25-01-2016 Heard the petitioners, State and the informant. Petitioners apprehend their arrest in a case under sections 366A,366,354/34 of the Indian Penal Code. Complainant alleged that petitioner Chandan Ram and one Mukesh Ram had earlier molested his minor daughter Niva Kumari for which a Panchayati was made. Further, his daughter got missing from school since 20.4.2015.

Counsel for the petitioner has drawn my attention to Annexure 2 which is alleged to be a joint affidavit of the girl and the petitioner Chandan Ram stating that they married with their free will. He further submits that the informant forcibly took away the girl and compelled her to give a tutored 164 Cr.P.,C. statement making allegation of making physical

Patna High Court Cr.Misc. No.51249 of 2015 (3) dt.25-01-2016 2/2 relations with petitioners Chandan Ram, Raju Ram and one Mandeo.

Informant opposed the prayer stating that the factum of marriage is absolutely false and the girl in her 164 Cr.P.C. statement has made allegation of forcible cohabitation against the petitioners and one Mandeo.

In the facts of the case, I am not inclined to accede to the prayer of the petitioners. Their prayer for bail is refused with direction to surrender and seek regular bail which would be disposed of on its own merit without prejudice, preferably on the same day.

(Samarendra Pratap Singh, J) Shashi.

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