Bablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23307 of 2023 Arising Out of PS. Case No.-148 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== 1.
BABLU KUMAR Son of Vineshwar Singh @ Vindeshwar Singh @ Bindeshwar Singh R/O Village - Chandi, P.S.- Haspura, District - Aurangabad 2.
Dablu Kumar Son of Vineshwar Singh @ Vindeshwar Singh @ Bindeshwar Singh R/O Village - Chandi, P.S.- Haspura, District - Aurangabad 3.
Vineshwar Singh @ Vindeshwar Singh @ Bindeshwar Singh Son of Late Ram Krit Singh R/O Village - Chandi, P.S.- Haspura, District - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Mukul Kumari, Advocate For the Opposite Party/s :
Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2023 Heard the learned counsel for the petitioners and learned APP for the State.
This is an application for grant of anticipatory bail in connection with Haspura P.S. Case No.148 of 2022 G.R. No.578 of 2022, registered for offences under Sections 366(A), 504, 506 and 34 of the IPC.
The allegation is regarding the victim girl being kidnapped by the co-accused person, namely, Guddu Kumar and as far as the petitioners are concerned, who are brothers and father of the
2/4 co-accused person, namely, Guddu Kumar, they are alleged to have abused the informant and his family members when they had gone to enquire from them about the whereabouts of the victim girl. The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that the police had submitted final form qua the petitioners herein, finding them to be having no complicity in the alleged occurrence, though the co-accused person, namely, Guddu Kumar was chargesheeted and upon investigation it was found that he had kidnapped the minor victim girl with ulterior motives, hence it is submitted that the said Guddu Kumar might be having complicity in the alleged occurrence, however, the petitioners are not having any role to play in the alleged occurrence.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
3/4 Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioners have not been alleged to have kidnapped the victim girl, they are having clean antecedent and the police, upon investigation has not found them to be having any complicity in the matter, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail. Accordingly, the above named petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M., Daudnagar, Aurangabad in connection with Haspura P.S. Case No.148 of 2022 G.R. No.578 of 2022, subject to the conditions as
4/4 laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) Saurav/- U T