Lal Bahadur Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67098 of 2023 Arising Out of PS. Case No.-151 Year-2022 Thana- DARPA District- East Champaran ====================================================== 1.

LAL BAHADUR RAM S/O LATE JOKHO RAM, VILLAGE- DARPA, PSDARPA, DIST- EAST CHAMPARAN 2.

JUNG BAHADUR RAM SON OF LATE JOKHU RAM, VILLAGEDARPA, PS- DARPA, DIST- EAST CHAMPARAN 3.

ETWARI DEVI @ ETWARIYA DEVI WIFE OF BAHADUR RAM, VILLAGE- DARPA, PS- DARPA, DIST- EAST CHAMPARAN 4.

CHANKALI DEVI @ CHANKALIYA DEVI WIFE OF JUNG BAHADUR RAM, VILLAGE- DARPA, PS- DARPA, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prateek Tandon, Adv.

For the Opposite Party/s :

Mr.J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-10-2023 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in connection with Darpa P.S. Case No. 151 of 2022, registered for offence punishable under sections 363, 366(A) of the Indian Penal Code and section 8 of the POCSO Act.

3. As per FIR, on 04.12.2022 the minor daughter of the informant went for natural call along with her Bhabhi, but she did not return. When the informant went to the house of named accused persons to inquire about his daughter, they assaulted

Patna High Court CR. MISC. No.67098 of 2023(2) dt.18-10-2023 2/2 and threatened him for dire consequence.

4. The learned counsel for the petitioners has submitted that the victim, in her statement under section 164 of the Cr.PC, has stated that none had kidnapped her, rather she willingly left her house and solemnized marriage with coaccused Lalan Ram. The petitioners have falsely been implicated in this case merely because they are the family members of co-accused Lalan Ram.

5. On the other hand, Mr. J. N. Thakur, the learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to 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 learned 7th Additional Sessions Judge-cum-Special Judge POCSO, Motihari, East Champaran in connection with Darpa P.S. Case No. 151 of 2022, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) Mahesh/- U T