Suman Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13647 of 2020 Arising Out of PS. Case No.-150 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

SUMAN DOM Son of Late Raju Dom Resident of Village - Dainmarwa, P.S.- Ramnagar, District- Bettiah (West Champaran) 2.

Pratima Devi Wife of Suman Dom Resident of Village - Dainmarwa, P.S.- Ramnagar, District- Bettiah (West Champaran) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 366(A) and 34 of the Indian Penal Code.

Prosecution allegation, in short, is that the accused persons abducted the daughter of the informant. It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.13647 of 2020(3) dt.27-08-2020 2/3 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The main allegation is against the co-accused namely Rupesh Dom. The petitioners have been made accused in the present case as they happen to be brother-in-law and sister of the main accused namely Rupesh Dom. Except for this, there is no other substantive evidence to suggest their implication in the present case. The victim has already been recovered and her statement under Section 164 Cr.P.C. has been recorded. Other co-accused has been granted bail vide order dated 20.07.2020 passed in Cr. Misc. No. 17376 of 2020.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned Court below within a period of eight weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned A.C.J.M.-III, Bagaha, West Champaran, Bettiah in connection with Ramnagar P.S. Case No. 150 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.13647 of 2020(3) dt.27-08-2020 3/3 Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T