Paijun Chaupal @ Pejun Khatave v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8984 of 2020 Arising Out of PS. Case No.-104 Year-2019 Thana- LAUKAHI District- Madhubani ====================================================== 1.

PAIJUN CHAUPAL @ PEJUN KHATAVE Son of Sewak Chaupal Resident of Village - Sakhua, P.S.- Laukahi, District - Madhubani. 2.

Ram Kumar Chaupal Son of Paijun Chaupal @ Pejun Khatave Resident of Village - Sakhua, P.S.- Laukahi, District - Madhubani. 3.

Umda Devi Wife of Paijun Chaupal @ Pejun Khatave Resident of Village - Sakhua, P.S.- Laukahi, District - Madhubani.

4.

Bikash Kumar @ Bikash Chaupal Son of Shiv Charan Chaupal @ Shiv Charan Sharma Resident of Village - Khakhi, P.S.- Kishanpur, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Laukahi P.S. Case No. 104 of 2019, registered for the offence punishable under Sections 366A, 341, 323 and 504/34 of the Indian Penal Code.

The allegation is regarding the co-accused persons, namely, Manish Kumar and Ajay Kumar having kidnapped the minor victim girl and thereafter, had fled away. When the father of the victim girl saw the said co-accused persons taking her

Patna High Court CR. MISC. No. 8984 of 2020(2) dt.03-03-2020 2/3 daughter away, he is stated to have gone to the house of the said co-accused person, namely, Manish Kumar where he found the petitioners to be present and thereafter, an altercation is said to have ensued.

The learned counsel for the petitioners submits that the petitioners are innocent and as far as the petitioner nos. 1 and 3 are concerned, they are mother and father of the co-accused person, namely, Manish Kumar and as far as the petitioner no. 2 is concerned, he is the brother of the said co-accused person, namely, Manish Kumar and the petitioner no. 4 is stated to be a relative of the said Manish Kumar. It is submitted that the petitioners are admittedly having no complicity in the matter inasmuch as the FIR also does not disclose that they were having any complicity in kidnapping the minor victim girl and if at all, anyone is having complicity in the matter, it is the coaccused persons, namely, Manish Kumar and Ajay Kumar. The petitioners are stated to be having a clean antecedent. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.

Accordingly, the petitioners are directed to be enlarged

Patna High Court CR. MISC. No. 8984 of 2020(2) dt.03-03-2020 3/3 on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Jhanjharpur (Madhubani) in connection with Laukahi P.S. Case No. 104 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Ajay/- U T