Shiv Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 15549 of 2022 Arising Out of PS. Case No.-152 Year-2021 Thana- LAUKAHA District- Madhubani ====================================================== 1.

SHIV KUMAR RAM S/o Basudev Ram Resident of Village- Rampur, P.S.- Laukaha, District- Madhubani.

2.

Amala Devi W/o Shiv Kumar Ram Resident of Village- Rampur, P.S.- Laukaha, District- Madhubani.

3.

Pappu Kumar Ram S/o Budhan Ram Resident of Village- Rampur, P.S.- Laukaha, District- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, A.P.P.

Mr. Chandrabhushan Prasad, AP.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363 and 366(A)/34 of the Indian Penal Code.

The informant alleges that on 17.05.2021 at midnight his minor daughter was kidnapped by four named accused persons, including the petitioners, it is next alleged that the victim took away Rs. 25,000/- along with some silver and gold jewellery.

Patna High Court CR. MISC. No. 15549 of 2022(2) dt.20-09-2022 2/3 Learned counsel for the petitioners submits that petitioner are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that from bare perusal and tenor of the allegation as alleged in the FIR it would manifest that the victim, who has reached the age of discretion, has left the house on her own volition as it has been alleged that while fleeing, she took away Rs. 25,000/- along with some jewellery. Learned counsel next submits that Satyendra Kumar who is son of petitioner no. 1 (Shiv Kumar Ram) was in love with the victim and they eloped and thereafter the entire family of Satyendra Kumar came to be implicated in the present case, it is next submitted that the victim has returned and her statement was recorded under Section 164 Cr.P.C. wherein she has not named any of the petitioners which amply demonstrates that petitioners have been falsely implicated. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.2,000/- (Rupees

Patna High Court CR. MISC. No. 15549 of 2022(2) dt.20-09-2022 3/3 Two Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Laukaha P.S. Case No. 152 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) gauravkr/- U T