Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3190 of 2020 Arising Out of PS. Case No.-133 Year-2019 Thana- DERNI BAZAR District- Saran ====================================================== 1.

JITENDRA KUMAR Son of Diwaker Mahto Resident of Village- Rasulpur, Khirikia, P.S.- Derni, District- Saran at Chapra. 2.

Guria Devi W/o- Jitendra Kumar Resident of Village- Rasulpur, Khirikia, P.S.- Derni, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Derni P.S. Case No.133/19 registered for the offence under Section 366 (a)/34 of the Indian Penal Code.

The accusation is of kidnapping the daughter of the informant aged about 16 years by co-accused Amit Kumar with the help of family members.

Learned Counsel for the petitioners submits that in fact daughter of the informant left the house due to love affair with Amit Kumar. He further submits that petitioners being family members of Amit Kumar have falsely been implicated in this case. It is submitted that petitioners have no criminal

Patna High Court CR. MISC. No.3190 of 2020(2) dt.28-02-2020 2/2 antecedent and more over co-accused Lalti Devi granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 21.01.2020 passed in Cr. Misc. No. 3411 of 2020. Considering the aforesaid facts and circumstances as well as nature of accusation, in the event his arrest/surrender within a period of six weeks from today, let the above named petitioners 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 learned A.C.J.M. XIIth, Saran at Chapra in connection with Derni P.S. Case No.133/19 on the following conditions:

"(1) Petitioners shall cooperate in the tiral and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

SUMIT/- (Prabhat Kumar Singh, J) U T