Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3063 of 2022 Arising Out of PS. Case No.-101 Year-2020 Thana- MAJORGANJ District- Sitamarhi ====================================================== 1.

Chandan Kumar, aged about 19 years, Male, S/o Amod Yadav, Resident of Village- Madhopur Maliniya Ward No.12, P.S.- Majorganj, DistrictSitamarhi. 2.

Madhurendra Ray, aged about 25 years, Male, S/o Arbind Ray @ Aravindra Roy, Resident of Village- Madhopur Maliniya Ward No.12, P.S.- Majorganj, District- Sitamarhi.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Uday Kumar, Advocate For the Opposite Party :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2022 A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on the record. Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in connection with Majorganj P.S. Case No. 101/2020 for the offence registered under Sections 363, 366(A) and 504/34 of the I.P.C.

The prosecution story, in brief, is that on 14.06.2020

Patna High Court CR. MISC. No.3063 of 2022(2) dt.16-05-2022 2/3 the minor daughter of the informant went to the field for agricultural purpose but she did not return. In course of search, he came to know that Chunchun Rai, Ramashankar Rai, Madhurendra Rai (petitioner no. 2) and Chandan Kumar (petitioner no. 1) abducted his daughter for the purpose of marriage. The informant suspects that his daughter was abducted in conspiracy with Shanehi Rai, Mahawati Devi, Hosh Narayan Rai, Usha Devi and Dharmendra Rai.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have been made accused in the present case due to mistake of fact. The depositions of the informant and the victim made in course of trial of co-accused have been annexed to the supplementary affidavit. The victims and the informant in their statements have denied the factum of the allegation as made in the F.I.R. The statements of the informant and the victim is Annexure-1 to the supplementary affidavit.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.3063 of 2022(2) dt.16-05-2022 3/3 the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi, in connection with Majorganj P.S. Case No. 101/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T