Rinku Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16398 of 2016 Arising Out of PS.Case No. -95 Year- 2015 Thana -NARDIGANJ District- NAWADA ======================================================
1. Rinku Devi, wife of Indradeo Chauhan
2. Munni Chauhan Son of Keshav Chauhan Both resident of VillageChhilkapar, P.S.- Nardiganj, District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shivendra Prasad, Adv. For the Opposite Party/s : Mr. D.P. Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-07-2016 Heard both sides.
The petitioners apprehend their arrest in Nardiganj P.S. Case No. 95/2015, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. The informant alleged that he along with other police officials went in search of kidnapped boy Ram Ratan. Ram Ratan was found inside the house of Indradeo Chauhan. Indradeo Chauhan was arrested, but Munni Chauhan fled away. When the informant along with other police officials was returning back with the accused and victim boy, petitioner nos. 1 and 2 and others assaulted the Constable.
Learned counsel for the petitioner submits that Ram
Patna High Court Cr.Misc. No.16398 of 2016 (4) dt.21-07-2016 2/2 Ratan deposed in the kidnapping case and he denied to have been kidnapped. No occurrence as alleged by the informant has ever taken place.
It appears that Ram Ratan was kidnapped. The police went in search of the victim boy and found him in custody of the petitioners. Thereafter, petitioners assaulted police officials, two constables got injuries.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
If the petitioner surrender in the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail learned court below shall consider his case on its own merit without being prejudiced by this order. (Prabhat Kumar Jha, J.) Vinita/- U T