Ritesh Kumar Gupta @ Ritesh Rauniyar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8800 of 2024 Arising Out of PS. Case No.-247 Year-2022 Thana- AANDAR District- Siwan ====================================================== 1.

Ritesh Kumar Gupta @ Ritesh Rauniyar 2.

Manjesh Kumar Gupta @ Manjesh Rauniyar Both are sons of Madhu Sudan Rauniyar @ Madhusudan Prasad, Resident of village- Chakai, P.S.- Aander, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam, Advocate For the Opposite Party/s :

Md. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners are apprehending their arrest in connection with Aander P.S. Case No. 247 of 2022 registered for the alleged offences under Section 366 (A)/ 34 of the Indian Penal Code.

3. As per prosecution case, the informant found his minor daughter missing and after inquiry, the informant came to know that the petitioners were involved in kidnapping of his daughter.

4. The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.8800 of 2024(3) dt.18-04-2024 2/3 this case and there is nothing except suspicion against the petitioners. The petitioners were never seen in the company of the daughter of the informant either prior to the occurrence or during occurrence or after the occurrence. It is apparent from the FIR that the daughter of the informant went missing in the night when all the family members were sleeping and the FIR has been registered after five days of occurrence, which shows deliberation and afterthought on the part of the informant. The petitioners have been residing at Visakhapattanam much prior to the occurrence and their employer has issued certificate which shows on the date of occurrence, the petitioners were on their duty at their workplace at Visakhapattanam. The petitioners have got no criminal antecedents.

5. Learned APP opposes the submission made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the completely vague nature of allegation and possibility of false implication, let the petitioners, above named, in the event 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/- (ten thousand) each with

Patna High Court CR. MISC. No.8800 of 2024(3) dt.18-04-2024 3/3 two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Siwan, in connection with Aander P.S. Case No. 247 of 2022, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the 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) V.K.Pandey/- U T