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Patna High CourtCR. MISC./8521/2024bail granted

Ashok Singh v. The State Of Bihar

2024-07-11Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8521 of 2024 Arising Out of PS. Case No.-350 Year-2022 Thana- TARAIYA District- Saran ====================================================== 1.

Ashok Singh SON OF Badari Singh VILLAGE - DERNI, P.S. - DERNI, DISTRICT - SARAN 2.

GYATRI DEVI @ GAYATRI DEVI WIFE OF ASHOK SINGH VILLAGE - DERNI, P.S. - DERNI, DISTRICT - SARAN ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Shyamal Prakash, Advocate For the State :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 365, 366A and 34 of the Indian Penal Code.

3. As per prosecution case, all the F.I.R. named accused persons, including these petitioners, kidnapped the minor daughter of the informant for the purpose of marriage.

4. It is submitted by learned counsel appearing on behalf of the petitioners that specific accusation of kidnapping the daughter of the informant is against co-accused Kunal Kumar. Petitioner No. 1 is father and Petitioner No. 2 is mother of co-accused Kunal Kumar. As a matter of fact, daughter of the

Patna High Court CR. MISC. No.8521 of 2024(4) dt.11-07-2024 2/3 informant, namely Pushpanjali Kumari, fell in love with coaccused Kunal Kumar and on the alleged date of occurrence, she left her paternal house with co-accused Kunal Kumar on her own will and both of them got married. It is further submitted that from bare perusal of the F.I.R. it is apparent that no specific role has been attributed to these petitioners. Petitioners have been made an accused in this case only because they happen to be relatives of co-accused Kunal Kumar. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of 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 Additional Chief Judicial Magistrate -I, Chapra at Saran, in connection with Taraiya P.S. Case No. 350 of 2022, subject to condition as laid

Patna High Court CR. MISC. No.8521 of 2024(4) dt.11-07-2024 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T