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Patna High CourtCR. MISC./4073/2019bail granted

Naresh Chauhan @ Naresh Chaudhary And ANR v. The State Of Bihar

2019-02-05Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4073 of 2019 Arising Out of PS. Case No.-47 Year-2018 Thana- SALAIYA District- Aurangabad ======================================================

1. Naresh Chauhan @ Naresh Chaudhary son of late Tetar Chauhan

2. Anil Chauhan @ Butta Chauhan, son of Naresh Chauhan. Both resident of village-Maheshpur P.S Salaiya District-Aurangabad. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-02-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are seeking anticipatory bail in connection with Salaiya P.S. Case No. 47/2018 registered under Sections 366(A), 34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner no. 1 happens to be the father of the co-accused Sharwan Kumar. Petitioner no. 2 is said to be the brother of the boy Sharwan Kumar with whom the daughter of the informant is said to have solemnized marriage with her own will and volition.

Learned counsel submits that the medical board has assessed the age of the victim girl in between 19-20 years and so far as these petitioners are concerned, they have been made accused only because they happened to be the close kith and kin of the boy Sharwan Kumar.

Learned A.P.P. is present and has opposed the prayer for anticipatory bail of the petitioners.

Patna High Court Cr.Misc. No.4073 of 2019(2) dt.05-02-2019 2/2 In the given facts and circumstances of the case considering that these petitioners are the father and brother of the boy Sharwan Kumar with whom the victim girl is said to have been solemnized marriage, in the event of their arrest/surrender before the court below within a period of four weeks, let the above-named petitioners be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad, in connection with Salaiya P.S. Case No. 47/2018, subject to condition that petitioner shall join investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation, failing which the Investigating Officer shall be at liberty to take steps for cancellation of bail. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T