Bacchu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4371 of 2022 Arising Out of PS. Case No.-536 Year-2020 Thana- CHANDI District- Nalanda ====================================================== 1.

BACCHU RAM Son of Ramvriksh Prasad Resident of Village and P.O.- Kachharia, P.S.- Chandi, District- Nalanda.

2.

Geeta Devi W/o- Bacchu Ram Resident of Village and P.O.- Kachharia, P.S.- Chandi, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Kamaluddin, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 366(A) and 120(B) of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 1 is aged about 78 years and petitioner no. 2 is aged about 81 years and is a woman.

The informant alleges that his minor daughter had gone to bring some article from the market on 11.11.2020, at

Patna High Court CR. MISC. No.4371 of 2022(3) dt.18-08-2022 2/3 about 04:00 p.m., but did not return, as such, a search was made and he came to know that Alok Kumar and five other accused including the petitioners had forcefully kidnapped the victim and took her on a vehicle to Hilsa. Informant reached the house of Alok Kumar and petitioner no. 1 and 2, who are his parents, assaulted the informant and tried to kill him but he somehow escaped.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case merely because they are parents of Alok Kumar. It is further submitted that petitioners are 78 and 81 years of age and are persons with clean antecedent and it absolutely defies all logic, wisdom and reasonable human behaviour that parents at such belated stage of their life would accompany their son for kidnapping a minor victim. It is next submitted that the informant in order to put pressure upon the family of Alok Kumar has falsely implicated the present petitioners when he is aware that his daughter on her own volition had left her house. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the

Patna High Court CR. MISC. No.4371 of 2022(3) dt.18-08-2022 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chandi P.S. Case No. 536 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T