Patna High CourtCR. MISC./5712/2017bail granted

Pappu Kumar And ORS v. The State Of Bihar

2017-03-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5712 of 2017 Arising Out of PS.Case No. -70 Year- 2015 Thana -ALOULI District- KHAGARIA ======================================================

1. Pappu Kumar, S/o Indradeo Singh @ Gudar Singh,

2. Indradeo Singh @ Gudar Singh S/o Banklal Singh @ Bauku Singh

3. Meena Devi, W/o Indradeo Singh @ Gudar Singh,

4. Chandan Kumar, S/o Indradeo Singh @ Gudar Singh, All are Resident of Village-Bahadurpur, P.S.-Alauli, District-Khagaria. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Alauli P.S. Case No. 70 of 2015 for the offences instituted under Sections 366 and 366A/34 of the Indian Penal Code.

The allegation against the petitioners is that they along with other co-accused have kidnapped the daughter of the informant for the purpose of marriage.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.5712 of 2017 (3) dt.09-03-2017 2/2 petitioners. The petitioners have falsely been implicated in the present case. From perusal of the para-102 of the case diary, it appears that the victim girl has been examined under Section 164 Cr.P.C., where she has admitted that she has got married with the petitioner no.1 and rest of the petitioners are her in-laws. There is no allegation of any physical or sexual abuse against the petitioners. The victim has willingly married with the petitioner no.1.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Alauli P.S. Case No. 70 of 2015 on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T