Ashok Kumar @ Ashok Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20135 of 2021 Arising Out of PS. Case No.-72 Year-2020 Thana- SUPAUL District- Supaul ====================================================== 1.

Ashok Kumar @ Ashok Malakar S/O Devnarayan Malakar @ Bouku Malakar R/O Village-Hardi, Police Station And District-Supaul. 2.

Aashanand Tati @ Akhilesh Bhaskar @ Akhilesh Prasad Nirala S/O Bechu Das R/O Village-Hardi, Police Station And District-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Adv For the Informant :

Mr. Arvind Kumar Singh, Adv For the State :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-12-2021 Heard learned counsel for the petitioners, informant and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 365, 366, 120(B)/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.20135 of 2021(2) dt.17-12-2021 2/3 It is alleged that grand-daughter of the informant has been kidnapped by the petitioners and others.

It is submitted by learned counsel for the petitioners that the victim in her 164 Cr.P.C statement has recorded her age as 20 years. She specifically alleged that co-accused Raushan Mandal put vermilion on her forehead and co-accused Krishna made videography of the aforesaid scene. She was thereafter taken to Bhagalpur by co-accused Raushan Mandal. The victim does not claim against anyone for outraging her modesty. Co-accused Raushan Mandal is not petitioner before this Court. There is general and omnibus allegation of abduction against the petitioners. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of

Patna High Court CR. MISC. No.20135 of 2021(2) dt.17-12-2021 3/3 four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 72 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T