Kishore Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21716 of 2024 Arising Out of PS. Case No.-372 Year-2021 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1.

Kishore Ram S/o- Late Gena Ram Village- Chaupar P.S.- Bochahan DistMuzaffarpur 2.

Geeta Devi wife of Kishore Ram Village- Chaupar P.S- Bochahan DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate Mr. Sharad Kumar Verma, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-08-2024

1. Heard learned counsel for the petitioners and the learned APP for the State.

2.

The petitioners apprehend their arrest in connection with Bochaha P.S. Case No. 372 of 2021 dated 20.12.2021 registered for the offence(s) punishable under Section(s) 363, 366A, 120B of the Indian Penal Code.

3. Mr. Umesh Chandra Verma, learned counsel for the petitioners submits that the instant matter relates to the kidnapping of the informant's minor daughter though the petitioners are named in the FIR but they had no role in the alleged kidnapping and in this regard victim's statement recorded by her under Section 164 of Cr.P.C. may be perused. It

Patna High Court CR. MISC. No.21716 of 2024(5) dt.02-08-2024 2/2 is further submitted that both the petitioners are parents of the co-accused Shyam Ram, against him the victim has made specific allegation in her statement and on account of the said relationship the petitioners have been made accused.

4. Though, Mr. Kumar Ranjit Ranjan, learned APP appearing for the State has opposed the bail prayer but fairly accepted that the victim has not levelled any allegation against the petitioners before the Judicial Magistrate while recording her statement under Section 164 of Cr.P.C.

5. Considering the above submissions, this court is inclined to accept the anticipatory bail prayer of the petitioners. Accordingly, let the petitioners named-above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Bochaha P.S. Case No. 372 of 2021 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Rajiv/- U T