← Library
Patna High CourtCR. MISC./2614/2018bail granted

Pappu Ram And ORS v. The State Of Bihar

2018-02-20Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2614 of 2018 Arising Out of PS.Case No. -301 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pappu Ram, S/o Parma Ram,

2. Awadhesh Ram S/o Ramesh Ram,

3. Urmila Devi W/o Parma Ram,

4. Subhash Ram S/o Dasai Ram,

5. Gajendra Ram @ Gajendra Kumar Ram S/o Parma Ram,

6. Parma Ram S/o Late Ram Surat Ram, All are R/o Village- Jamala, P.O. and P.S.- Muffasil, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2018 Heard learned counsel for the petitioners and leaned Additional Public Prosecutor of the State.

The petitioners are apprehending their arrest in connection with Muffasil P. S. Case No. 301 of 2017, registered for offences punishable under Sections 363, 366 (A) of the Indian Penal Code.

The allegation in brief is that the informant, who is father of the victim girl, in his written complaint has stated that his daughter, Pratima Kumari was married on 09.05.2017 with one Anil Ram and on 01.06.2017, her daughter returned to her Naiher

Patna High Court Cr.Misc. No.2614 of 2018 (3) dt.20-02-2018 2/3 but on 06.06.2017 when her daughter had gone out side of the house, the petitioners kidnapped her.

Learned counsel for the petitioners submits that when the girl has been recovered, her statement has been recorded under Section 164 Cr. P. C., in which she had stated that she had gone with the petitioner No. 1 with her own sweet will and thereafter, she solemnized marriage with petitioner. The victim girl has stated that she is of 21 years old and she is major and the Court has also assessed her age about 19 years.

Learned counsel for the petitioners submits that the allegation against petitioners is false and concocted and the petitioners have no criminal antecedents.

Learned Additional Public Prosecutor opposes the prayer of bail.

Under such circumstances it appears that prayer of the anticipatory bail of the petitioner no. 1, who is the husband of the victim and other petitioners, who are in-laws of the victim, are allowed and in the event of their arrest or surrender before the Court below within a period of six weeks, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each in connection with Muffasil P.S.Case No. 301 of 2017 to the

Patna High Court Cr.Misc. No.2614 of 2018 (3) dt.20-02-2018 3/3 satisfaction of learned Chief Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions laid down under Section 438 ( 2) Cr.P.C.

(S. Kumar, J) Sudha/- U T