Kailash Singh @ Kaushal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13238 of 2022 Arising Out of PS. Case No.-326 Year-2021 Thana- GUTHANI District- Siwan ====================================================== 1.

KAILASH SINGH @ KAUSHAL SINGH S/o Late Sahdeo Singh Resident of Village- Jataur, P.S.- Guthani, District - Siwan. 2.

Vikash Singh S/o Kailsh Singh Resident of Village- Jataur, P.S.- Guthani, District - Siwan.

3.

Prabhunath Singh S/o Late Sahdeo Singh Resident of Village- Jataur, P.S.- Guthani, District - Siwan.

4.

Prakash Singh S/o Prabhunath Singh Resident of Village- Jataur, P.S.- Guthani, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishore Prasad, Advocate Mr. Shailendra Kumar Singh, Advocate Mr. Saroj Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363 and 366 of the Indian Penal Code and Sections 3, 4 and 8 of the Protection of Children from Sexual Offence Act, 2012 (in short 'POSCO Act') Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 10.12.2021 at 06:30 PM, his two minor

Patna High Court CR. MISC. No.13238 of 2022(2) dt.15-09-2022 2/3 daughters had gone to attend nature's call when five named accused persons, including the petitioners, came on two motorcycles and abducted his daughter aged 14 years, further it is alleged that informant's younger daughter had opposed the abduction.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that the victim was in love with Aakash Singh and is 19 years of age and her statement was recorded under Section 164 Cr.P.C., wherein she has not supported the prosecution, it is next submitted that Aakash Singh was acquitted by the learned trial court of the charges and the petitioners are related to Aakash Singh.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where

Patna High Court CR. MISC. No.13238 of 2022(2) dt.15-09-2022 3/3 the case is pending/successor court in connection with Guthani P.S. Case No. 326 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T