Surendra Kewat @ Sulendra Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9539 of 2025 Arising Out of PS. Case No.-483 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
Surendra Kewat @ Sulendra Kewat Son of Kishori Kewat 2.
Chandni Devi Wife of Surendra Kewat @ Sulendra Kewat . Both are R/o Village- Jokmaila Ward No.18, Lakhisarai PS -Lakhisarai DistLakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :
Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-03-2025 Heard Mr.Parmanand Pd. Nr. Sahi, learned counsel for the petitioners and Mr.Harendra Prasad, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Lakhisarai P.S.Case No.483 of 2024, FIR dated 04.08.2024 registered for the offences punishable under Sections 96 and 3(5) of B.N.S..
3. The brief facts of the case is that the minor daughter of the informant has been abducted by the petitioners and other co-accused persons.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case and petitioners have been made
Patna High Court CR. MISC. No.9539 of 2025(2) dt.07-03-2025 2/3 accused in the present case merely on the ground that the petitioners are mother and father of co-accused person, namely, Sudhir Kumar @Raj. Further submits that the victim was recovered and her statement under Section 164 Cr. P.C./Section 183 of BNSS, 2023 was recorded in which she has not stated anything about the petitioners even she has not supported the case of the prosecution.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, petitioners have clean antecedent and petitioners have been made accused in the present case merely on the ground that the petitioners are mother and father of co-accused person, namely, Sudhir Kumar @ Raj and victim has not supported the case of the prosecution, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S.Case No.483 of 2024, subject to the conditions as
Patna High Court CR. MISC. No.9539 of 2025(2) dt.07-03-2025 3/3 laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T