Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18627 of 2020 Arising Out of PS. Case No.-432 Year-2019 Thana- DUMRA District- Sitamarhi ====================================================== 1.

Randhir Kumar, Son of Raghunath Sharma Resident of Village - Azamgadh, P.S.- Dumra, District- Sitamarhi 2.

Kiran Devi, Wife of Deepak Sharma Resident of Village - Azamgadh, P.S.- Dumra, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-11-2020 Heard Mr. Anil Kumar, learned counsel for the petitioners and Mr. Mithilesh Kumar Khare, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Dumra P. S. Case No. 432 of 2019 dated 23.11.2019, instituted for the offences under Sections 363 and 366(A) of the Indian Penal Code.

The petitioners are alleged to have been seen going with the victim girl who is 19 years of age towards a line hotel. One Guddu Kumar is said to have kidnapped

Patna High Court CR. MISC. No.18627 of 2020(4) dt.09-11-2020 2/3 the victim girl for the purposes of marrying her. The petitioners claim to be complete outsiders to the family of aforesaid Guddu Kumar.

However, the fact remains that neither Guddu Kumar nor the victim girl have been traced by now. Nothing specific could be garnered during the course of investigation as it appears from perusal of the part casediary. Considering the facts that the petitioners are not at all related to Guddu Kumar and nothing specific as well as incriminating evidence has come against the petitioners so far, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.18627 of 2020(4) dt.09-11-2020 3/3 Sitamarhi in connection with Dumra P. S. Case No. 432 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

However, if the victim is recovered and she makes a statement implicating the petitioners, it would be open for the prosecution to move for cancellation of anticipatory bail of the petitioners before the court below.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) skm/- U T