Pano Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72125 of 2022 Arising Out of PS. Case No.-364 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== 1.

PANO DEVI W/o Satya Narayan Sahni R/v- Rewasi, Maksudpur, Pakari, P.S.- Riga, District- Sitamarhi 2.

DHARMENDRA KUMAR @ DHARMENDRA SAHNI S/o Satya Narayan Sahni R/v- Rewasi, Maksudpur, Pakari, P.S.- Riga, District- Sitamarhi 3.

MADAN KUMAR @ MADAN SAHNI S/o Satya Narayan Sahni R/vRewasi, Maksudpur, Pakari, P.S.- Riga, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 Mr.Ashok Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2023 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 363/365 of the Indian Penal Code.

It is alleged that all the F.I.R. named accused persons including these petitioners kidnapped the minor daughter of the informant for the purpose of marriage.

It is submitted on behalf of petitioners that the victim, in her statement recorded under Section 164 Cr.P.C., has denied the factum of kidnapping and specifically stated that she is in love with co-accused Madhu Kumar, and as such, she with her own will, went to the house of co-accused Madhu Kumar and stayed there. Petitioners, being family members of co-accused

Patna High Court CR. MISC. No.72125 of 2022(5) dt.11-07-2023 2/2 Madhu Kumar, are innocent. She has further stated that she wants to solemnise marriage with co-accused Madhu Kumar. It is further submitted that co-accused Madhu Kumar has already been granted regular bail by the learned Court below, vide order dated 17.04.2023. Moreover, the case has already been compromised between the parties. Petitioners claim clean antecedent.

Learned counsel for the informant does not dispute the factum of compromise between the parties. In view of aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge VI cum Special Judge (POCSO Act), Sitamarhi in connection with Riga P.S. Case No. 364 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T