IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6813 of 2025 Arising Out of PS. Case No.-32 Year-2021 Thana- BANIAPUR District- Saran ====================================================== 1. Tribhuwan Kumar S/o- Yogendra Mahto @ Yogi Mahto Village- Karah Police station- Baniapur District- Saran chapra 2. Dhananjay Mahto S/o- Yogendra Mahto @ Yogi Mahto Village- Karah Police station- Baniapur District- Saran chapra 3. Arbind Mahto S/o- Yogendra Mahto @ Yogi Mahto Village- Karah Police station- Baniapur District- Saran chapra 4. Ramawati Devi W/o- Yogendra Mahto @ Yogi Mahto Village- Karah Police station- Baniapur District- Saran chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 20-03-2025 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 Baniyapur Police Station Case No. 32 of 2021, disclosing offences under Sections 366(A)/34 of the Indian Penal Code. 3. As per the FIR, minor daughter aged about 16 years of the informant was kidnapped by the petitioner no. 1 with the help of other petitioners. 4. Learned counsel for the petitioners submits that Patna High Court CR. MISC. No.6813 of 2025(2) dt.20-03-2025 2/3 the petitioners have not committed any offence in the manner alleged and petitioner nos. 2, 3, and 4 are brothers and mother of petitioner no. 1, Tribhuwan Kumar, who was having love relationship with the victim girl. The statement of the victim girl has been recorded under Section 164 of the Cr.P.C. in which she has disclosed that she went with petitioner no. 1 to Surat on her sweet will and she was not abducted/kidnapped by the petitioners. The victim further stated that she has performed marriage with petitioner no. 1 in a temple and she is pregnant. Learned Counsel further submits that out of the wedlock between petitioner no. 1 and the victim girl, two children have taken birth. The victim girl has disclosed her age before the Learned Magistrate at the time of recording of her statement as 19 years. The doctor has assessed the age of the victim girl between 18 to 20 years as would be evident from Annexure 3. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the statement of victim girl recorded under Section 164 of the Cr.P.C. and the fact that doctor has assessed the age of the victim girl between 18 to 20 years, I am inclined to grant the petitioners privilege of anticipatory bail. 6. This application is, accordingly, allowed. Patna High Court CR. MISC. No.6813 of 2025(2) dt.20-03-2025 3/3 7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, 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 Chief Judicial Magistrate, Chapra, Saran, in connection with Baniyapur Police Station Case No. 32 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. HarshPandey/- (Anil Kumar Sinha, J) U T