Amit Prasad @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48541 of 2014 Arising out of PS.Case No. -61 Year- 2014 Thana -JALALPUR District- SARAN ======================================================

1. Munni Kumari.

2. Jyoti Kumari, daughters of Ramji Patel. Both are residents of Village Rushi, P.S. Jalalpur, District Saran.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.51461 of 2014 Arising out of PS.Case No. -61 Year- 2014 Thana -JALALPUR District- SARAN ====================================================== Amit Prasad @ Amit Kumar, S/o Shiv Kumar Prasad,resident of Village Phulpura, P.S. Puraunda, District Siwan.

.... .... Petitioner

Versus

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

(In Cr.Misc. No.48541 of 2014) For the Petitioners : Mr. Ravi Bhushan Prasad Sinha, Advocate.

For the Opposite Party : Mr. M.Rab(App) (In Cr.Misc. No.51461 of 2014) For the Petitioner : Mr. Ravi Bhushan Prasad Sinha, Advocate.

For the Opposite Party : Mr. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-05-2015 Both the anticipatory bail applications arise out of same P.S. Case No. hence, a common order is being passed. The petitioners are apprehending their arrest in connection with Jalalpur P.S. Case No. 61 of 2014 for the offences

Patna High Court Cr.Misc. No.48541 of 2014 (3) dt.20-05-2015 2 / 3 instituted under Sections 364, 366 and 366A/34 of the I.P.C. Heard learned counsel for the petitioners and the State. The prosecution story, in brief, is that Kajal Kumari, minor daughter of the informant, was called by Munni Kumari and Jyoti Kumari, both daughters of Ramjee Patel and they took her to their house and when she did not return till late hours the informant went to Ramjee Patel and asked about his daughter. Accused Meera Devi, wife of Ramjee Patel replied that his daughter had gone to Kohara Bazar alongwith her daughters. At 11.00 A.M. one call for Mobile No. 8083957677 came on his mobile on which he heard weeping sound of his daughter but no talk could be done and later on said mobile was switched off. Thereafter, the informant lodged the present F.I.R. against the petitioners and others.

It has been submitted on behalf of the petitioners that the petitioners Munni Kumari and Jyoti Kumari are said to be the sisters of petitioner Amit Prasad @ Amit Kumar with whom the victim is said to have been eloped. It has further been submitted that the petitioners Munni Kumari and Jyoti Kumari are unmarried girls and they have falsely been implicated in the present case. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Patna High Court Cr.Misc. No.48541 of 2014 (3) dt.20-05-2015 3 / 3 Considering the fact that the petitioners Munni Kumari and Jyoti Kumari are unmarried girls, let them be released on bail in the event of their arrest or surrender before the learned court below within a period of eight weeks from today in connection with Jalalpur P.S. Case No. 61 of 2014 on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far as the petitioner Amit Prasad @ Amit Kumar is concerned, I am not inclined to grant anticipatory bail to him. Hence, his prayer for anticipatory bail stands rejected. U.K./- (Sudhir Singh, J) U T