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Patna High Court - Orders

Bilas Rai & Anr. vs The State Of Bihar on 24 December, 2013

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

      Patna High Court Cr.Misc. No.39224 of 2013 (2) dt.24-12-2013




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Miscellaneous No.39224 of 2013
                   ======================================================
                   1. Bilas Rai Son Of Shri Parmeshwar Rai Resident Of Village - Bakhar
                   Daura, Police Station - Hatha, District - Muzaffarpur
                   2. Gita Devi Wife Of Bilas Rai Resident Of Village - Bakhar Daura, Police
                   Station - Hatha, District - Muzaffarpur

                                                                        .... ....   Petitioner/s
                                                          Versus
                   1. The State Of Bihar

                                                        .... .... Opposite Party/s
                   ======================================================

                   CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
                   SINGH
                   ORAL ORDER

2   24-12-2013

Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 363 and 366A/34 of the Indian Penal Code.

The accusation is of kidnapping the minor daughter of the informant.

It is submitted that in 164 Cr.P.C. statement, the victim got her age recorded as 20 years whereas the learned court below has assessed the age of the victim as 18 years where she stated that she married to one Binod Rai in temple with the consent of the mother and brother and the case of kidnapping has falsely been lodged.

Considering the 164 Cr.P.C. statement of the victim, let the above named petitioners be released on anticipatory bail in the Patna High Court Cr.Misc. No.39224 of 2013 (2) dt.24-12-2013 event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Muzaffarpur in connection with Musahri P.S. Case No. 26 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/-