Lakhdeo Giri And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.22594 of 2015 (2) dt.07-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22594 of 2015 Arising Out of PS.Case No. -28 Year- 2015 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Lakhdeo Giri Son of Ram Naresh Giri

2. Pappu Giri Son of Lakhdeo Giri

3. Tappu Kr.Giri Son of Birendra Giri

4. Nayanpati Devi wife of Lakhdeo Giri All resident of Chatia Tola Mathiya Ps - Malahi District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 07.07.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Govindganj (Malahi) P. S. case no. 28/2015 registered under sections 363, 366 and 366A/34 of the Indian Penal Code. The victim, specifically, stated in her statement recorded under section 164 of the Cr.P.C that she had eloped with co-accused Bittu Giri and she was never kidnapped by said Bittu Giri nor by these petitioners.

No doubt, Medical board found the victim between 16 to 17 years but even if the opinion of the medical board assumed to be genuine, then also, victim was at the verge of approaching majority.

Patna High Court Cr.Misc. No.22594 of 2015 (2) dt.07-07-2015 Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in Govindganj (Malahi) P. S. case no. 28/2015 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T