Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14413 of 2012 ====================================================== 1. Ram Chandra Thakur 2. Sapana Kumari .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.14416 of 2012 ====================================================== 1. Ram Chandra Thakur 2. Sapana Kumari .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-04-2012 Heard learned counsels for the petitioners, the State and the informant. Both the cases taken up together as in both the cases the informant is same person, the accusation is almost same and accused petitioners are also same. The petitioners are apprehending their arrest in connection with Bihra P.S. Case No. 61 of 2011 for the offence under [STATUTE] and in Bihra P.S. Case No. 67 of 2011 for the offences punishable under [STATUTE] . Patna High Court Cr.Misc. No.14413 of 2012 (2) dt.23-04-2012 2/4 The accusation is that initially the minor daughter of the informant was kidnapped on 26.06.2011 when Bihra P.S. Case No. 61 of 2011 was registered when altogether nine persons were named accused including the petitioners. Subsequently, after return of the victim she again fled away then on 27.07.2011 Bihra P.S. Case No. 67 of 2011 was registered in which the same accused persons were named including two sons- in-law of the informant. It is submitted by learned counsel for the petitioner that of her own returned to her house when no statement under 164 Cr.P.C. was recorded in Bihra P.S. Case No. 61 of 2011 when learned Sessions Judge committed error of record that 164 Cr.P.C. statement of the victim was recorded. Thereafter, second time when the victim returned after elopment in Bihra P.S. Case No. 67 of 2011 her 164 Cr.P.C. statement was recorded when it is alleged that Rupesh Kumar Pandey and Sushil Pandey took victim from her house and taken her to Madhepura where Saurabh Kumar Pandey, Shivendra Pandey, Dilip Rai, Amit Kumar Pandey, Gunjan Poddar, Ram Chandra Thakur and Govind Pandey were standing Patna High Court Cr.Misc. No.14413 of 2012 (2) dt.23-04-2012 3/4 near the Bolero along with Meena Devi when she was kept in Madhepura for four days. It is alleged that Saurabh Kumar Pandey and Dilip Pandey used to ask for the account number of the father of the victim when they were talking about extortion of Rs. 5-6 Lakhs, but nothing specific against these petitioners alleged. It is alleged against petitioner no. 1 that he was standing near the Bolero and the victim in 164 Cr.P.C. statement has taken the name of petitioner no.2 as she is her co-villagers and the house of petitioner no. 2 is in Balser. The victim has not alleged any establishment of physical relationship. It is submitted by learned counsel for the petitioners that the conduct of the victim girl reflects that she is not under the control of her guardian. The doctor has assessed the age of victim in between 16-17 years. It appears that one Raman Kumar Pandey has been granted regular bail vide Cr. Misc. No. 1629 of 2012. I see no reason for the learned court below not to give same privilege to the petitioners if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Bihra P.S. Patna High Court Cr.Misc. No.14413 of 2012 (2) dt.23-04-2012 4/4 Case No. 61 of 2011 and 67 of 2011 pending in the court of learned Chief Judicial Magistrate, Saharsa. With the aforesaid observation, both the applications are disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioners. DKS/ (Dinesh Kumar Singh, J.)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.