Alok Kumar Dubey @ Alok Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5743 of 2020 Arising Out of PS. Case No.-344 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

ALOK KUMAR DUBEY @ ALOK DUBEY Son of Late Diwakar Dubey Resident of Village - Kathari, P.S.- Sathi, Distt.- West Champaran. 2.

Pritilata Devi @ Premshila Devi @ Premlata Devi, W/o Alok Kumar Resident of Village - Kathari, P.S.- Sathi, Distt.- West Champaran. 3.

Sonu Dubey Son of Alok Kumar Dubey @ Alok Dubey Resident of Village - Kathari, P.S.- Sathi, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Sachida Nand Rai, Advocate For the State :

Mr. Lalan Kumar, APP For the informant :

Mr. Bimlesh Kumar Pandey, Advocate Mr. Vikash Kumar Shukla, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2021 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

The petitioners are apprehending their arrest in a case registered under Sections 363, 366(A)/34 of the Indian Penal Code and Section 8 of POCSO Act.

Allegation is that the accused persons abducted the daughter of the informant.

It has been submitted on behalf of the petitioners that the petitioner No.2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The

Patna High Court CR. MISC. No.5743 of 2020(3) dt.09-03-2021 2/2 petitioners are the family members of co-accused Adarsh Dubey, with whom the victim girl is said to have eloped. The victim girl has been recovered and her statement under Section 164 of Cr.P.C. has been recorded, wherein she has admitted that she had left with one Ajay Pandey out of her own will. There is no allegation of any physical or sexual assault alleged against the petitioners. On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judgecum-Special Judge (SC/ST/POCSO), Bettiah, West Champaran in connection with Yogapatti P.S. case No.344 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T