Jitendra Rai And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13142 of 2016 Arising Out of PS.Case No. -74 Year- 2015 Thana -AKILPUR District- PATNA ======================================================

1. Jitendra Rai, S/o Late Sugan Rai

2. Umesh Rai S/o Suresh Rai

3. Dharmendra Kumar, S/o Jitendra Rai

4. Lalti Devi, wife of Suresh Rai

5. Meera Devi, W/o Umesh Rai, All residents of Village- New Panapur New Diyara, P.S.- Akilpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Baljit Singh For the Opposite Party/s : Mr. Nirmala Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-04-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 366, 498A, 34 of the Indian Penal Code.

The prosecution case is that the F.I.R named accused persons including the petitioners took away the wife and daughter of the informant on the pretext of withdrawing money from the bank and since then both are traceless. It is submitted by learned counsel for the petitioners that for the occurrence of 02.11.2015 the F.I.R was registered on 04.11.2015 and only suspicion was raised against the petitioners. In fact the victim lady is a Bengali women and she performed love marriage with the informant after deserting her first husband. For quite sometimes the victim lady had

Patna High Court Cr.Misc. No.13142 of 2016 (3) dt.19-04-2016 2/2 again in love with one Dhiraj Kumar and she eloped with said Dhiraj Kumar to somewhere.

Considering the delayed lodging of the case, the accusation based on suspicion and petitioner Nos. 4 and 5 being lady, let the petitioner Nos. 4 and 5, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail till conclusion of the investigation on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Akilpur(Patna) P.S. Case No. 74 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. So far as petitioner Nos. 1 to 3 are concerned, let learned Court below consider the prayer for regular bail of petitioner Nos. 1 to 3, if they surrenders within a period of six weeks in connection with Akilpur(Patna) P.S. Case No. 74 of 2015, pending in the Court of learned Additional Chief Judicial Magistrate, Danapur, Patna.

With the observations above, the application with regard to petitioner Nos. 1 to 3 stands disposed of. (Dinesh Kumar Singh, J) Shageer/- U T