Mukesh Choudhary And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10254 of 2019 Arising Out of PS. Case No.-298 Year-2018 Thana- SAHPUR District- Bhojpur ======================================================
1. Mukesh Choudhary, age 23 Years, Male, Son of Hare Ram Choudhary.
2. Hare Ram Choudhary, age 51 Years, Male, Son of Late Shivshankar Choudhary.
3. Ritesh Choudhary, age 19 Years, Male, Son of Hare Ram Choudhary, resident of village-Son-Barsa, P.S-Shahpur (Karnamepur O.P.), District-Bhojpur. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Gopal Krishna, Advocate.
For the Opposite Party :
Mr.Ashok Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-02-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 366(A)/34 of the IPC. The prosecution story, in brief, is that on12.09.2018 at 4.00 A.M., the sister of the informant, namely, Dimple Kumari, has gone to attend her call for nature, but she did not return to her house. Thereafter, the informant and other family members started searching to her and doing the search the informant came to know that some body has seen the victim girl with Mukesh Chaudhary on Motorcycle and on another Motorcycle, son of Hare Ram Chaudhary, was also going. The informant went to
Patna High Court Cr.Misc. No.10254 of 2019(2) dt.21-02-2019 2/3 the house of Mukesh Choudhary but the ladies of the house told him that his son is not present in the house. It is further alleged that several calls are being used to come by Mobile Nos. 8825355987 and 6206825179, but talk could not take place. The informant came under believe that with the connivance of Ritesh Choudhary the other accused persons have kidnapped the victim girl.
It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The victim girl has been examined under Section 164 Cr. P.C. She has denied the allegation made in the F.I.R. She had left her house out of her own will.
On behalf of the learned counsel for 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, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of
Patna High Court Cr.Misc. No.10254 of 2019(2) dt.21-02-2019 3/3 the like amount each to the satisfaction of the learned A.C.J.M.-14, Bhojpur (Ara), in connection with Sahpur (Karnamepur) P.S. Case No. 298 of 2018, G.R. No. 4279 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T