Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71551 of 2022 Arising Out of PS. Case No.-81 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== 1.

SUNITA DEVI Wife of Vijay Choudhary R/v- Udharhamapur, P.S.- Mehandiganj, District- Patna 2.

VIJAY CHOUDHARY Son of Late Sakhi Chandra Choudhary R/vUdharhamapur, P.S.- Mehandiganj, District- Patna 3.

ANIL KUMAR Son of Vijay Choudhary R/v- Udharhamapur, P.S.- Mehandiganj, District- Patna 4.

SUNIL KUMAR Son of Vijay Choudhary R/v- Udharhamapur, P.S.- Mehandiganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Ms.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-05-2023 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioners are named in F.I.R. and apprehending their arrest in connection with Mehandiganj P. S. Case No. 81 of 2022 registered for the offences punishable under Sections 363/366-A of the Indian Penal Code. The allegation against all above named petitioners is to help the main co-accused person, namely, Manoj Kumar, in kidnapping of minor daughter of the informant, aged about 17

Patna High Court CR. MISC. No.71551 of 2022(2) dt.02-05-2023 2/3 years, for the purpose of illicit intercourse/marriage. Learned counsel appearing on behalf of the petitioners submitted that petitioner nos. 1 and 2 are parents whereas petitioner nos. 3 and 4 are brothers of main co-accused, namely, Manoj Kumar, and their implications appear only being family members. It is submitted that as per school certificate, date of birth of the victim girl is 15.06.2004, where as alleged occurrence is of 13.05.2022, where almost victim was on the verge of attaining majority. While concluding the argument, it is submitted that matter has been compromised between the parties and, moreover, all above named petitioners are persons of clean antecedent.

Learned APP for the State opposes the prayer of anticipatory bail.

Considering the aforesaid facts and circumstances, as implication of petitioners appears being family members of the main co-accused, namely, Manoj Kumar, accordingly all above named petitioners, in the event of their arrest or surrender before learned Court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional

Patna High Court CR. MISC. No.71551 of 2022(2) dt.02-05-2023 3/3 Judicial Magistrate, Patna City/concerned Court, in connection with Mehandiganj P. S. Case No. 81 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T