Mosmt. Rambha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6671 of 2024 Arising Out of PS. Case No.-155 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== 1.

MOSMT. RAMBHA DEVI W/O LATE DINESH MAHTO R/o Mahisa Munda, P.s. - Kahalgaon, Distt. - Bhagalpur 2.

Rishabh Kumar Mahto Son of Late Dinesh Mahto R/o Mahisa Munda, P.s. - Kahalgaon, Distt. - Bhagalpur ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mr.Madan Mohan For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2024

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sabour Police Station Case No. 155 of 2023, dated 17.03.2023, disclosing offences punishable under Sections 366A/120-B of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the minor daughter of the informant was abducted by co-accused Balbir Kumar. The petitioners are the mother and brother of co-accused Balbir Kumar.

4. Learned Counsel for the petitioners submits that the petitioners have been made accused in this case merely

Patna High Court CR. MISC. No.6671 of 2024(2) dt.20-02-2024 2/3 because co-accused Balbir Kumar is their relative and was having love relationship with the daughter of the informant. He further submits that from perusal of the First Information Report, it appears that the daughter of the informant eloped with Balbir Kumar due to the love relationship between them.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioners are family members of co-accused Balbir Kumar, with whom the victim girl had eloped, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge -cum- Special Judge, POCSO, Bhagalpur, in connection with Sabour Police Station Case No. 155 of 2023, subject to the condition laid down under Section 438 (2) of the Code of

Patna High Court CR. MISC. No.6671 of 2024(2) dt.20-02-2024 3/3 Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √