Rambilash Chaupal @ Ramvilas Chuopal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9255 of 2024 Arising Out of PS. Case No.-215 Year-2023 Thana- RAHIKA District- Madhubani ====================================================== 1.
Rambilash Chaupal @ Ramvilas Chuopal Son Of Surendra Chaupal Resident Of Village-Parsa, P.S.-Bisfi, District-Madhubani. 2.
Ram Shankar Chaupal @ Shankar Chaupal Son Of Rambilash Chaupal @ Ramvilas Chuopal Resident Of Village-Parsa, P.S.-Bisfi, DistrictMadhubani. 3.
Nirmala Devi Wife Of Rambilash Chaupal @ Ramvilas Chuopal Resident Of Village-Parsa, P.S.-Bisfi, District-Madhubani. 4.
Puja Devi @ Puja Kumari @ Pooja Kumari Wife Of Ram Shankar Chaupal @ Shankar Chaupal Resident Of Village-Parsa, P.S.-Bisfi, DistrictMadhubani. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Gagan Deo Yadav, Advocate :
Mr. Vinod Kumar, Advocate :
Mr. Ravi Prakash, Advocate :
Mr. Rajesh Kumar, Advocate For the Opposite Party :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Rahika P.S. Case No. 215 of 2023 dated 25.09.2023, instituted for the offence punishable under Section 363/34 of the Indian Penal Code.
3. After some argument, learned counsel for the petitioners seeks permission to withdraw the application on
Patna High Court CR. MISC. No.9255 of 2024(2) dt.20-02-2024 2/3 behalf of the petitioner no. 2, namely, Ram Shankar Chaupal.
4. Permission is granted for the same.
5. Accordingly, the application for grant of anticipatory bail on behalf of petitioner no. 2 is dismissed as withdrawn.
6. The case of prosecution, in short, is that petitioner along with other FIR named accused persons abducted the son of informant, namely, Akhlesh Chaupal. It is further alleged by the informant that she went to the house of Ram Shankar Chaupal (Petitioner No. 2) and inquired about the son, on which, they assured her that they will return her son after 15-20 days but they didn't return. Panchayat was conducted, but the son of the informant was traceless, who was abducted and hidden by the accused.
7. Learned counsel for the petitioners submits that the petitioner nos. 1, 3 & 4 are innocent and they have been falsely implicated in this case. It is submitted that there is specific allegation against petitioner no. 2, namely Ram Shankar Chaupal and there is no specific allegation against the petitioner nos. 1, 3 & 4. It is further submitted that from the perusal of the FIR, it is clear that nothing has been mentioned against the said petitioner nos. 1, 3 & 4. Further, it is submitted that petitioner
Patna High Court CR. MISC. No.9255 of 2024(2) dt.20-02-2024 3/3 no. 1 is the father, petitioner no. 3 is the mother and petitioner no. 4 is the wife of the co-accused Ram Shankar Chaupal (Petitioner No. 2). Lastly, it has been submitted that the petitioner nos. 1, 3 & 4 have no criminal antecedents.
8. Learned A.P.P. has opposed the prayer for bail of the petitioners.
9. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner nos. 1, 3 & 4 within a period of six weeks from today, in connection with Rahika P.S. Case No. 215 of 2023 dated 25.09.2023, they shall be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Ist, Madhubani, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Shanu/- U T