Gyanprakash And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4143 of 2019 Arising Out of PS. Case No.-502 Year-2018 Thana- HAJIPUR District- Vaishali ======================================================
1. Gyanprakash, Son of Chaudhary Prakash @ Bhanwar Singh At present R/O Sarojani Nagar, Near Glory School, P.S. Sikandra, Distt. Agra (U.P). Permenent Both R/O Rajeev Nagar, Badla Road, Sikandra P.S Sikandra, Distt. Agra (U.P)
2. Chaudhary Prakash @ Bhanwar Singh, Son of Late Mangal Singh At present R/O Sarojani Nagar, Near Glory School, P.S. Sikandra, Distt. Agra (U.P). Permenent Both R/O Rajeev Nagar, Badla Road, Sikandra P.S Sikandra, Distt. Agra (U.P) ... ... Petitioner/s
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Chandra Gandhi For the Opposite Party/s :
Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2019 Heard leaned counsel for the petitioners and learned APP for the State.
The petitioners are languishing in custody since 08.09.2018 in a case registered for the offences punishable under Sections 365 and 366 of the Indian Penal Code. The prosecution case as per the written report of Namita Singh submitted to SHO, Hajipur Town Police Station is to the effect that the marriage of the daughter of the informant,
Patna High Court Cr.Misc. No.4143 of 2019(2) dt.28-01-2019 2/3 Ruby Rupam was performed on 09.03.2018 with Dharmveer Singh. It is further alleged that when she went to her parents house on after about three days of the marriage on 18.07.2018, at 05.00 A.M., she went to worship in a temple and thereafter she was traceless. In the meantime, someone called on the mobile phone of son of the informant and said that her daughter was in their captivity at Agra. Hence, FIR was lodged against the accused persons.
It is submitted by learned counsel for the petitioners that the victim girl has performed her marriage with co-accused Anek Prakash and the marriage certificate has been brought on record. It is further submitted that the petitioners are brother and father of co-accused Anek Prakash and hence they have been roped in the present case. A statement has been made in paragraph no. 3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP for the State submits that the petitioners are named in the FIR.
Considering the fact that the thrust of accusation is against the co-accused Anek Prakash, coupled with statement made in paragraph no. 3 of the petition that the petitioners are not having any criminal antecedent, let the above named
Patna High Court Cr.Misc. No.4143 of 2019(2) dt.28-01-2019 3/3 petitioners be released 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 CJM, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No.502 of 2018.
(Dinesh Kumar Singh, J) Deepak/Rahul/- U T