Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3308 of 2022 Arising Out of PS. Case No.-70 Year-2021 Thana- CHAKAND District- Gaya ====================================================== 1.

Vivek Kumar Son of Ranjeet Kumar Resident of Village - Bithosharif, P.S.- Chakand, Distt.- Gaya.

2.

Ranjeet Kumar Son of Late Jagdish Mahto Resident of Village - Bithosharif, P.S.- Chakand, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ujjawal Kumar Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Chakand P.S. Case No. 70 of 2021, registered for the offences punishable under Sections 363, 366A of the Indian Penal Code. Prosecution case in brief is that all the accused persons including petitioners have kidnapped the minor daughter of informant.

It is submitted that petitioners have been falsely implicated in this case. In fact, there is love affair between the co-accused Sandeep Kumar and daughter of informant (victim girl). Petitioner no. 1 is brother and petitioner no. 2 is father of

Patna High Court CR. MISC. No.3308 of 2022(2) dt.26-07-2022 2/2 co-accused Sandeep Kumar and they have been made accused in this case simply because they are relative of co-accused Sandeep Kumar. Moreover, the victim girl in her statement under Section 164 Cr.P.C has stated that she voluntarily left her house and went along with co-accused Sandeep Kumar has solemnized marriage with him and no one has kidnapped her. In view of the statement of victim girl under Section 164 Cr.P.C, the petitioners above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XIII, Gaya in connection with Chakand P.S. Case No. 70 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T