Manoj Chakrawarti And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32811 of 2018 Arising Out of PS.Case No. -45 Year- 2018 Thana -KOCHAS District- SASARAM (ROHTAS) =====================================
1. Manoj Chakrawarti, S/o Kamla Ram @ Kamla Prasad, R/o Vill.- Kochas, Ward No. 16, P.S.- Kochas, District- Rohtas.
2. Dharamsheela Devi, W/o Manoj Chakrawarti, R/o Vill.- Kochas, Ward No.16, P.S.- Kochas, District- Rohtas. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Hemant Kumar Karan, Adv. For the informant : Mr. Rajesh Kr. Mishra, Adv. For the State : Mr. Anil Prasad Singh, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-06-2018 The petitioners seek bail in anticipation of their arrest in connection with Kochas P.S. Case No. 45 of 2018, dated 26.03.2018, instituted for the offences punishable under Sections 366(A) and 34 of the Indian Penal Code. One Dhanjeet Kumar @ Dhananjay Prasad married the daughter of the informant stealthily in a temple. Since they belonged to different castes, the aforesaid marriage was not accepted by the parents of the girl.
Patna High Court Cr.Misc. No.32811 of 2018 (2) dt.29-06-2018 2/3 The petitioner No. 2 is the sister of aforesaid Dhanjeet Kumar @ Dhananjay Prasad, whereas the petitioner No. 1 is the husband of petitioner No. 2. Because of such inter-caste marriage and the same not being to the liking of the father of the girl, the petitioners also have been made accused in this case.
The daughter of the informant (victim) has given her statement under Section 164 of the Cr.P.C. in which, she has stated that she has married of her own volition and the case lodged by her father against the petitioners and others is absolutely false.
Learned counsel appearing for the informant has submitted that the victim is only 16 years of age. Since the victim has herself given her age as 19 years in her statement under Section 164 Cr.P.C., such submissions made on behalf of the informant cannot be accepted to be true, at least for the purposes of grant of bail. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate,
Patna High Court Cr.Misc. No.32811 of 2018 (2) dt.29-06-2018 3/3 Sasaram, Rohtas in connection with Kochas P.S. Case No. 45 of 2018.
(Ashutosh Kumar, J) Praveen-II/- U T