Dilip Mahaldar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18247 of 2022 Arising Out of PS. Case No.-1116 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== 1.
DILIP MAHALDAR Son of Haku Mahaldar Rest of Village - Milki, Ward No.- 10, Sah Tola, P.S.- K. Hat (Maranga), District - Purnea 2.
Rukmini Devi Wife of Dilip Mahaldar Rest of Village - Milki, Ward No.- 10, Sah Tola, P.S.- K. Hat (Maranga), District - Purnea 3.
Gautam Kumar @ Gautam Mahaldar Son of Dilip Mahaldar Rest of Village - Milki, Ward No.- 10, Sah Tola, P.S.- K. Hat (Maranga), District - Purnea 4.
Uttam Kumar Son of Dilip Mahaldar Rest of Village - Milki, Ward No.- 10, Sah Tola, P.S.- K. Hat (Maranga), District - Purnea 5.
Sonika Bharti Wife of Gautam Mahaldar Rest of Village - Milki, Ward No.- 10, Sah Tola, P.S.- K. Hat (Maranga), District - Purnea ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Manish Kumar, Advocate For the State :
Mr. Abhay Kumar, APP For the Informant :
Mr. Bijendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-09-2022 Heard learned counsel for the petitioners, learned APP for the State as well as learned counsel appearing on behalf of the informant.
The petitioners apprehend their arrest in connection with K. Hat (Maranga) P.S. Case No.1116 of 2021, registered for the offences punishable under Sections 341, 323, 366A, 379, 504, 506 and 34 of the Indian Penal Code.
The petitioners are said to have helped Shivam Kumar in kidnapping of the daughter of the informant.
Patna High Court CR. MISC. No.18247 of 2022(3) dt.22-09-2022 2/3 Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the specific allegation is against co-accused, Shivam Kumar. It is submitted that petitioner no.1 is father, petitioner no.2 is mother, petitioners no.3 and 4 are brother of Shivam Kumar and petitioner no.5 is wife of petitioner no.3, Gautam Mahaldar. It is further submitted that the daughter of the informant has filed a miscellaneous case before the learned Chief Judicial Magistrate, Purnea bearing Misc. Application No.2213 of 2021 on 16.12.2021 against her parents and other family members. She stated that her parents wanted to solemnize her marriage with a very old person for money without her consent (Annexure-2 of the bail application). Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.
Taking into consideration the fact that the petitioners are family members of co-accused, Shivam Kumar and specific allegation is against co-accused, Shivam Kumar, let 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
Patna High Court CR. MISC. No.18247 of 2022(3) dt.22-09-2022 3/3 enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Hat (Maranga) P.S. Case No.1116 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) Sanjay/- U T