Patna High CourtCR. MISC./22777/2018bail granted

Mantun Rajak And ORS v. The State Of Bihar

2018-04-26Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22777 of 2018 Arising Out of PS.Case No. -270 Year- 2017 Thana -GOGRI District- KHAGARIA ======================================================

1. Mantun Rajak, Son of Ramawtar Rajak

2. Rubi Devi, Wife of Mantun Rajak.

3. Chunchun Rajak, Son of Ramawtar Rajak, Resident of Village- Baltara, P.O.- Fulwariya, P.S.- Gogri, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-04-2018 Heard the counsel for the petitioners and counsel for the State.

In this case the petitioners are seeking pre-arrest bail in Gogri P.S. Case No.270 of 2017 for the offence under Section 366(A)/34 of I.P.C.

Allegation has been made that sister of the informant, namely, Sweta Kumari, disappeared from the house. He made a search and it was found that Muntun Rajak and other accused persons have assisted miscreants in taking away the victim girl. Counsel for the petitioners submits that the victim girl in her statement made under Section 164 Cr.P.C. has disclosed her age 19 years and further stated that she had love affairs with

Patna High Court Cr.Misc. No.22777 of 2018 (2) dt.26-04-2018 2/2 Dharamvir and she eloped with him and performed marriage with him on her own volition. There was no coercion. Looking to the fact of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Miss Simmi Kujur, J.M. 1st Class, Khagaria, in Gogri P.S.Case No.270 of 2017 subject to the conditions as laid down under section 438(2) of Cr.P.C. and further condition is that whenever the police will call the petitioners, they will present themselves for the purpose of investigation, in the event of being absent on two consecutive dates without reasonable explanation, the court below will be at liberty to cancel their bail bonds.

(Shivaji Pandey, J) AnilKrSinha/- U