Anil Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84401 of 2023 Arising Out of PS. Case No.-105 Year-2022 Thana- JANTA BAZAR District- Saran ====================================================== 1.

Anil Ram, Son Of Late Kanhaiya Ram, R/O Village- Mirja Pur Kurd Lauwa, P.S.- Janta Bazar, District- Saran 2.

Manti Devi, Wife Of Late Kanhaiya Ram, R/O Village- Mirja Pur Kurd Lauwa, P.S.- Janta Bazar, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Janta Bazar P.S. Case No. 105/2022 lodged on 27.05.2022 under Section 366A, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, the allegation of kidnapping is against the present petitioners along with other accused persons with a view to marry.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The

Patna High Court CR. MISC. No.84401 of 2023(2) dt.10-01-2024 2/3 alleged victim has been recovered and got her statement recorded under Section 164 of the Code of Criminal Procedure wherein she has disclosed that she solemnized her marriage with petitioner no.1 with her own sweet will and out of the said wedlock, she has one male child and she does not want to continue this litigation further. Counsel further submits that due to intervention of the well wishers of both the sides, parties have filed a common petition by virtue of compounding this case. The petitioners are in custody since 13.102023 having no criminal antecedent.

5. Learned counsel for the State opposes the prayer for bail and submits that the offences are not compoundable but accepts that in view of the statement of the victim recorded under Section 164 Cr.P.C. and the same has been acknowledged in the order-sheet of the order of the Judicial Magistrate dated 18.10.2023, it transpires that they have entered into the marriage and have one male child also from the said wedlock.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, I, Saran in

Patna High Court CR. MISC. No.84401 of 2023(2) dt.10-01-2024 3/3 connection with Janta Bazar P.S. Case No.105/2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Ashwini/- U T