Parmatma Sah @ Bhola Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70800 of 2019 Arising Out of PS. Case No.-223 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== Parmatma Sah @ Bhola Sah, aged about 35 years, male, Son of Hareram Sah, Resident of Village - Gopalpur, P.S. - Hussainganj, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2019 The petitioner seeks bail in anticipation of his arrest in connection with Hussainganj P.S. Case No. 223 of 2019, dated 29.07.2019, instituted for the offences under Sections 341, 323, 504, 354A, 363 and 366A/34 of the Indian Penal Code.

The minor daughter of the informant is stated to have been taken away by deceit by the brother of the petitioner. When the informant complained about the

Patna High Court CR. MISC. No.70800 of 2019(2) dt.11-12-2019 2/3 aforesaid act of the brother of the petitioner, the petitioner and his parents are said to have ill-treated the informant. Learned counsel for the petitioner has submitted that accusation by the informant is out of the malice which she has been nurturing because of her daughter having solemnized marriage with the brother of the petitioner. The daughter of the informant, who has claimed that she is seventeen years of age, has given her statement under Section 164 Cr.P.C. stating that because of her liaison with the brother of the petitioner, she has voluntarily married him in a temple and she wishes to stay with him.

Though such statement would not amount to giving an imprimatur on the marriage which is void as admittedly, the victim girl is a minor, but so far as the petitioner is concerned, the only accusation against him is of not having taken the allegation in a serious manner rather misbehaving with the informant.

Considering the background facts and the accusation against the petitioner, he, in the event of his arrest or surrender before the learned Court below within a

Patna High Court CR. MISC. No.70800 of 2019(2) dt.11-12-2019 3/3 period of four weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Hussainganj P.S. Case No. 223 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T