Dablu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 7530 of 2024 Arising Out of PS. Case No.-517 Year-2023 Thana- SHAHKUND District- Bhagalpur ====================================================== 1.

Dablu Thakur Son of Late Domi Thakur Resident of village- Amkhoria, P.S.- Sajour, Distt.-Bhagalpur 2.

Suman Devi Wife of Dablu Thakur Resident of village- Amkhoria, P.S.- Sajour, Distt.-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the State :

Mr. Pronoti Singh, APP For the Informant :

Mr. Indeshwari Prasad Mandal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioners and learned counsel for the informant as well as learned A.P.P. for the State.

02. In the present case, the petitioners are apprehending their arrest in connection with Shahkund (Sajour) P.S. Case No. 517 of 2023, for the alleged offence under Sections 366A and 34 of the Indian Penal Code.

03. As per prosecution case, the son of the petitioner kidnapped the daughter of the informant with intention of marriage. The informant named the petitioners for having complicity in kidnapping of his daughter.

04. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. From the FIR, it is apparent that there is no allegation of any

Patna High Court CR. MISC. No. 7530 of 2024(3) dt.09-04-2024 2/3 over act against the petitioners. Even the son of the petitioner is trace less and the petitioners have no knowledge about either his son or the victim girl. Learned counsel further submits that there appears love-affair between the son of the petitioners and the daughter of the informant, who also appears to be major and they eloped out of their sweet will and the petitioners have no concern with the occurrence. The petitioners have got no criminal antecedent.

05. Learned A.P.P. for the State as well as learned counsel appearing on behalf of the informant vehemently oppose the prayer for anticipatory bail. Learned counsel for the informant submits that the victim is still trace less and the petitioners being the parents of the co-accused boy, who kidnapped the victim girl, must be knowing of their whereabouts.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the general, vague and non-specific nature of allegation against the petitioners without attributing any over act against them and further considering the possibility of false implication, let the petitioners above named, in the even of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like

Patna High Court CR. MISC. No. 7530 of 2024(3) dt.09-04-2024 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur/concerned court in connection with Shahkund (Sajour) P.S. Case No. 517 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T