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Patna High CourtCR. MISC./78445/2019bail granted

Ram Naresh Ram v. The State Of Bihar

2020-01-17Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78445 of 2019 Arising Out of PS. Case No.-188 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

RAM NARESH RAM Son of Late Upasi Ram R/o Charayan Bandh Ward No.6, P.S.- Majhaulia, District - West Champaran. 2.

Kalpati Devi @ Kavalpati Devi Wife of Ramnaresh Ram R/o Charayan Bandh Ward No.6, P.S.- Majhaulia, District - West Champaran. 3.

Shanti Kumari Daughter of Ramnaresh Ram R/o Charayan Bandh Ward No.6, P.S.- Majhaulia, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Majhaulia P.S. Case No. 188 of 2019, registered for the offence punishable under Sections 366A/34 of the Indian Penal Code.

The allegation is regarding co-accused person, namely, Nandan Kumar, having kidnapped the victim girl for the purposes of solemnizing marriage with her. The learned counsel for the petitioners has submitted that the petitioner nos. 1 and 2 are old parents of the said co-

Patna High Court CR. MISC. No.78445 of 2019(2) dt.17-01-2020 2/3 accused person, namely, Nandan Kumar and the petitioner no. 3 is the unmarried sister of the said co-accused person, namely, Nandan Kumar. The learned counsel for the petitioners has referred to the statement of the victim girl made under Section 164 Cr.P.C. before the learned Magistrate wherein she has stated that she has solemnized marriage with the co-accused person, namely, Nandan Kumar Ram, is staying with him and has also become pregnant. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners, as also taking into account the fact that the petitioners are not alleged to have kidnapped the victim girl, I deem it fit and proper to grant anticipatory bail to the petitioners.

Accordingly, the petitioners are directed to be enlarged on anticipatory 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 furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah (West Champaran) in connection with Majhaulia P.S. Case No. 188 of 2019, subject to the conditions as laid

Patna High Court CR. MISC. No.78445 of 2019(2) dt.17-01-2020 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) ajay gupta/- U T