Kalevar Rai @ Kalebar Ray @ Kaleshwar Rai @ Ram Kalewar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87394 of 2024 Arising Out of PS. Case No.-262 Year-2023 Thana- TARIYANI CHOWK District- Sheohar ====================================================== 1.
Kalevar Rai @ Kalebar Ray @ Kaleshwar Rai @ Ram Kalewar Ray S/O Late Charan Deo Rai R/O Vill.- Lohsurka (Ganga Dharampur)P.S- Tariyani Chharpra, Dist.- Sheohar,Pin- 843128 (Bihar) 2.
Rita Devi @ Reeta Devi W/o Kaleshwar Rai @ Kalevar Rai @ Kalebar Ray @ Ram Kalewar Ray R/O Vill.- Lohsurka (Ganga Dharampur)P.S- Tariyani Chharpra, Dist.- Sheohar,Pin- 843128 (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Adv For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-04-2025 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioners are named in the F.I.R. and apprehended their arrest in connection with Tariyani P.S. Case No. 262 of 2023 registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.
3. The allegation against the petitioners is to kidnap the minor sister of informant along with other co-
Patna High Court CR. MISC. No.87394 of 2024(3) dt.19-04-2025 2/3 accused persons/family members for the purpose of solemnizing marriage against her will.
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners have been implicated with the present case only being father and mother of main co-accused Raja Kumar against whom thrust of elopement and kidnapping is available. It is submitted that FIR appears to be lodged after three days of the occurrence. While concluding the argument learned counsel submitted that petitioners are of clean antecedent, where petitioner no. 2 is a lady.
5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.
6. In view of aforesaid facts and circumstances and by taking note of the fact as implication of petitioners primafacie appears only being parents of Raja Kumar, accordingly both above named petitioners, in the event of their arrest or surrender before the learned Trial Court 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
Patna High Court CR. MISC. No.87394 of 2024(3) dt.19-04-2025 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar/concerned Court where the case is pending in connection with Tariyani P.S. Case No. 262 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T