Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4858 of 2022 Arising Out of PS. Case No.-424 Year-2018 Thana- DHAKA District- East Champaran ====================================================== 1.

SANJEET KUMAR Son of Radheshyam Tiwari Resident of Village - Chandrahiya, P.s.- Dhaka, Distt.- East Champaran. 2.

SUNITA VILLAGE CHANDRAHIYA,PS DHAKA, DISTRICT EAST CHAMPARAN ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2022 Heard learned counsel for the petitioners and the State through virtual mode.

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

The petitioners are apprehending their arrest in Dhaka P.S. Case No. 424 of 2018 registered under Sections 366(A)/363 of the Indian Penal Code.

Allegation against the petitioners is of kidnapping the daughter of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.4858 of 2022(2) dt.13-05-2022 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused in the present case due to mistake of fact. From perusal of Annexure-2 to the application, i.e. statement of the victim recorded under Section-164 of the Cr.P.C., it appears that the victim had left house out of her own sweet will. The victim has not supported the allegation made in the FIR. The petitioner No. 2 is a lady. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, 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 bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahna at Dhaka, East Champaran in connection with Dhaka P.S. Case No. 424 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T