Ramji Mishra @ Ram Ji Mishra @ Ramji Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76810 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- DUMRAO District- Buxar ====================================================== 1.
Ramji Mishra @ Ram Ji Mishra @ Ramji Kumar Mishra Son of Vashistha Mishra Resident of Village- Naya Bhojpur, P.S- Dumraon, District- Buxar 2.
Bhola Mishra @ Bhola Kumar Mishra Son of Kapil Mishra Resident of Village- Naya Bhojpur, P.S- Dumraon, District- Buxar 3.
Bhirang Mishra @ Bhrigu Mishra @ Bhrigunath Mishra Son of Late Shriram Mishra Resident of Village- Naya Bhojpur, P.S- Dumraon, DistrictBuxar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kanchan Devi D/O Birendra Kumar Singh Resident of Vill and P.O- Naya Bhojpur, P.S.- Dumraon, District- Buxar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s :
Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences punishable under Sections 363 and 366A of the Indian Penal Code and Section 8/12 of the POCSO Act.
3. In compliance of the order dated 16.04.2025, the Investigating Officer of the case along with the victim girl is present before the Court and informed that the statement of the victim has also been recorded under Section 164 Cr.P.C. The statement of the victim has been produced before the Court. Let
Patna High Court CR. MISC. No.76810 of 2024(7) dt.30-04-2025 2/3 the same be kept on record.
4. The allegation made in the first information report is that the daughter of the informant had gone for appearing in the examination and then she went missing. She had received information that one Ravi Shankar Mishra along with others had taken the victim girl along with him.
4. It is submitted by learned counsel for the petitioners that the petitioners are family members of the said Ravi Shankar Mishra and they have no concern with the said occurrence. As a matter of fact, the investigation has revealed that there was love affair between the said Ravi Shankar Mishra and the victim girl and marriage has been solemnized between them. It is further submitted that the statement of the victim girl has also been recorded under Section 164 Cr.P.C. wherein she has stated that her age is 18 years. She has voluntarily solemnized the marriage with the Ravi Shankar Mishra and only after knowing that a case has been lodged against him and his family members, they did not come back out of fear. She has further stated that she wants to stay with her husband. The victim girl, who is present in the Court, also concedes to the aforesaid fact.
5. Having regard to the facts and circumstances of the case and the statement of the victim girl recorded under Section
Patna High Court CR. MISC. No.76810 of 2024(7) dt.30-04-2025 3/3 164 Cr.P.C., let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Dumraon P.S. Case No.73 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Soni Shrivastava, J) Trivedi/- U T