Radhika Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23019 of 2016 Arising Out of PS.Case No. -159 Year- 2015 Thana -DURGAWATI District- BHABHUA (KAIMUR) ======================================================

1. Radhika Devi wife of Vikarma Rai @ Brijnath Rai

2. Monu Rai @ Manu son of Vikarma Rai @ Brijnath Rai Both residents of village - Karari, P.S. - Durgawati, District - Kaimur at Bhabua. At present resident of village - Kharwal, P.S. - Naksar Halt, District - Ghazipur (U.P.). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Parwej Khan For the Opposite Party/s : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-07-2016 Heard both sides.

The petitioners apprehend their arrest in Durgawati P.S. case No. 159 of 2015 under Section 366A/34 of the Indian Penal Code.

The informant alleged that her daughter was enticed away by Bechani Kumari and Radhika Devi for the purpose of marriage with Monu Rai.

The learned counsel for the petitioners submits that petitioner No.1 is mother of Monu Rai. The victim made her statement under section 164 of the Cr. P. C. and disclosed that Bechani Kumari enticed her and took her along with her mother

Patna High Court Cr.Misc. No.23019 of 2016 (3) dt.28-07-2016 2/2 for the purpose of marriage with Monu Rai.

The victim disclosed her age to be 16 years. The court also assessed the age of victim as 15 years. The victim is a minor girl and she made statement that petitioners enticed her for marriage with Monu Rai, petitioner No.2.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T