Chuttu Kumar @ Chotu Kumar @ Chuntu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1941 of 2020 Arising Out of PS. Case No.-40 Year-2019 Thana- LAURIA District- West Champaran ====================================================== 1.

CHUTTU KUMAR @ CHOTU KUMAR @ CHUNTU KUMAR S/O Prem Chaudhari Resident of Village - Lakar, P.S.- Lauriya, District - West Champaran.

2.

Gudiya Devi W/O Guddu Chaudharty Resident of Village - Lakar, P.S.- Lauriya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Lauriya P.S. Case No. 40 of 2019, registered for the offence punishable under Sections 366A/34 of the Indian Penal Code. The allegation is regarding kidnapping of the daughter of the informant by the petitioners.

The learned counsel for the petitioners has submitted that no offence as alleged has been committed by the petitioners and on account of previous enmity and grudge, the informant has falsely implicated the petitioners in the present case. It is further submitted that the petitioners are having a clean antecedent and

Patna High Court CR. MISC. No.1941 of 2020(2) dt.14-01-2020 2/2 they are languishing in custody since 21.11.2019. Lastly, it is submitted that a bare perusal of the statement of victim girl under Section 164 Cr.P.C. made before the learned Magistrate would show that there is no allegation of any sort of misbehaviour or untoward incident having been committed with the victim girl.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners as also taking into account the fact that no untoward incident / mis-behaviour has been committed with the victim girl as also considering the fact that the petitioners are having a clean antecedent and they are languishing in custody since 21.11.2019, I deem it fit and proper to direct for release of the petitioners on regular bail. Accordingly, the above named petitioners are directed to be enlarged on 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 learned C.J.M., Bettiah, West Champaran in connection with Lauriya P.S. Case No. 40 of 2019.

(Mohit Kumar Shah, J) ajay gupta/- U T