Chandan Kumar And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22904 of 2015 Arising Out of PS.Case No. -117 Year- 2014 Thana -HISUA District- NAWADA ======================================================
1. Chandan Kumar Son of Balmiki Chouhan
2. Gaurang Kumar Son of Balmiki Chouhan Both are resident of villageShivnarayan Bigha, P.S.- Hisua, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in Hisua P.S.Case No.117 of 2014 instituted under Sections 323, 341, 364(A), 366, 372, 34(B) of the Indian Penal Code, pending in the Court of learned C.J.M., Nawada.
The informant has alleged that her daughter was married with Sonu Chouhan in the years 2008. Three months prior to the occurrence all the accused persons took the daughter of the informant to Bengal at Brick kiln giving the lust of money and when the informant's husband asked about her daughter they replied about her to be well. When he asked him as to why he has taken her away without asking him, accused persons became angry and accused Kamla Devi, Balmiki Chauhan and Gorang
Patna High Court Cr.Misc. No.22904 of 2015 (3) dt.03-09-2015 2/3 Chauhan assaulted the informant's husband with fists and slaps. They also assaulted the informant by catching her hair-lock and accused Balmiki Chauhan torn her blause and tried to outrage her modesty and accused Kamla Devi said that her daughter has been married with her son Chandan Kumar. In this regard a Panchayati was held. Balmiki Chauhan told the informant to make her daughter disappeared unless she pays Rs. 60,000/- as ransom and on non payment she will be made prostitute at Bengal. It has been submitted on behalf of the petitioners that they have got no criminal antecedent. It is further submitted that from perusal of para 36 of the case diary it would appear that the victim has come to the village and subsequently after two days she has again returned back. Other witnesses have also stated that for the purpose of marriage the victim was taken away by the accused persons.
On behalf of the State, it has been submitted that the victim has not yet been recovered.
Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner and the same is rejected. Any how, if the petitioners surrender in the court within a period of four weeks and pray for regular bail, same may be considered on its own merit without being prejudiced by this
Patna High Court Cr.Misc. No.22904 of 2015 (3) dt.03-09-2015 3/3 order of rejection, preferably on the same day. (Sudhir Singh, J) singh/- U T