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Patna High CourtCR. MISC./48699/2017disposed

Rajendra Harijan And ORS v. The State Of Bihar

2018-07-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48699 of 2017 Arising Out of PS.Case No. -182 Year- 2017 Thana -RAJAUN District- BANKA ======================================================

1. Rajendra Harijan, Son of Late Banarasi Harijan,

2. Pramila Devi W/o Rajendra Harijan,

3. Nandani Devi D/o Rajendra Harijan, All are R/o Village- Alipur, P.S.- Rajoun, District- Banka.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Satya Veer For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-07-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Rajoun P.S.Case No. 182 of 2017 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code. Allegation against the petitioners, who happen to be uncle, aunt and cousin sister of the victim girl, is that they have taken away the girl and forcibly married her with a boy against her will.

Submission of learned counsel for the petitioners is that they have falsely been implicated in this case as they are her own relatives, as such, the prosecution story is not believable. Further submission is that petitioners Nos. 2 and 3 are ladies. Heard learned APP also, who has opposed the prayer for anticipatory bail of the petitioners.

Patna High Court Cr.Misc. No.48699 of 2017 (4) dt.06-07-2018 2/2 Having heard both sides and in the facts and circumstances, let the petitioners Nos. 2 and 3, who are ladies, above named, surrender within a period of six weeks from the receipt of this order and on their so surrendering they shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Rajoun P.S.Case No. 182 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

So far petitioner No.1, named above, is concerned, he should surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U